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1 11 H^SSACHUSETTS 2 Hampden, ss, Chicopee 3 October 31, 1973 - Case #1130-0631-73 4 IN THE MATTER OF THE ARBITRATION BETWEEN MONSANTO 5 INDUSTRIAL UNION, LOCAL 288, AND MONSANTO COMPANY, HELD OCTOBER 31, 1973, AT THE TREADWAY INN, CHICOPEE, 6 MASSACHUSETTS, COMMENCING AT 10:00 A.M., BEFORE TIM BORNSTEIN, ARBITRATOR. 7 8 APPEARANCES: 9 GRADY & KAPLAN, ESQRS., 376 Boylston Street, Boston, Massachu setts, representing the Union. 10 BY: STEPHEN DOMISICK, ESQ. 11 ICE, MILLER, DONADIO & RYAN, ESQRS., Ill Monument Circle, Indianapolis, Indiana, 46204, representing Monsanto 12 BY: LELAND E. CROSS, JR., ESQ. 13 IN ATTENDANCE 14 FOR THE COMPANY 15 Leland B. Cross, Jr., Esg. 16 John R. Belschwender James P. Ryan 17 Albert V. Laakso Richard W. Bueker 18 Paul Bureau 19 20 21 FOR THE LET I ON Stephen K. Domisick, Esq. Doug Natario Carl Kelley Francis E. Leclair Anthony Costa Edward F. Topor Chester Kowalczik Matthew P. Geboskie Joseph Bernardo Roger P. Soucy Bufford J. Harris Theodore W. Starczyk 22 Philbin Stenographic Services, Inc 77 Maple Street, Springfield, Mass 0it7.) Claire C. Trudeau Certified Shorthand Reporter RSV0027806 1 INDEX Witness 3 Direct Cross ReDirect ReCross 4 John R. Belschwender 3 James Ryan 8 5 Donald P. Crafts Francis Leciair 15 41 45 67 6 Carl Kelley 68 John R. Belschwender (Resumed) 74 7 Albert V. Laakso James Ryan (Recalled) 83 103 133 137 8 Richard W. Bueker 139 144 John R. Belschwender (Recalled)150 172 9 Francis Leciair (Recalled) 175 44 131 132 10 11 EXHIBITS 32 Joint #1 13 Joint #2 Joint #3 14 Joint #4 thru 14A Union #1 35 Union 2 Union #3 16 Company #1 Company #2 17 Company #3 Company #4 18 Company #5 Company #6 19 Company #7 Company #8 20 21 ***** FOR IDENTIFICATION 9 11 75 78 79 14 3 159 166 168 168 IN EVIDENCE 3 4 7 13 11 12 13 75 79 79 144 164 167 168 170 ***** 22 Union Rests: Page 74 23 Company Rests: Page 173 ; ***** RSV0027807 3' _ 1 JOHN R. BELSCHWENDER, Witness 2 DIRECT EXAMINATION BY MR. DOMISICK 3 4 Q Would you give the Arbitrator your name and the town in 5 which you reside. 6 A My name is John R, Belschwender -- B-e-l-s-c-h-w-e-n-d-e-r 7 -- and I reside in North Wilbraham# Massachusetts. 8 Q What is your position with the company? 9 A Personnel Manager. 10 q How long have you been in that position? 11 A Going on three years. 12 Q 13 A 14 15 Q Can you give a brief description of your duties? Yes. I have overall responsibility for the personnel functions of the Springfield plant of the Monsanto Company b In your capacity as Personnel Manager# did you become in- 16 volved with -- 17 (Conference held off the record.) 18 THE ARBITRATOR: The contract will be marked 19 Joint Exhibit #1. 20 (Joint Exhibit #1.) 21 THE ARBITRATOR: Is there any objection to re22 ceiving the Grievance# this is the third step response# 23 as Joint 2? RSV0027808 4 1 MR. DOMISICK: None. 2 (Joint Exhibit #2.) MR. DOMISICK: Let me withdraw the pending 3 4 question. 5 Q (By Mr. Domisick) Sometime in the Spring of 1973/ did 6 Building 92 shut down? 7 A No. 8 Q At sometime on/or about July 1/ 1973, did the company lay 9 off any employees as a result of modification of the pro 10 ductivity in Building 92? 11 A Yes. Q What were those employees1 -- their classification, and 13 what numbers of employees? 13 14 A I do not know. Q Who would have that information? 15 A That would be information which would take some research 16 to get. 17 Q In terms of the classification of employees and their 18 numbers? 19 20 A Right. Q As a result of that layoff, were the duties of any of the 21 classifications affected by the layoff added to or trans 22 ferred to other existing job occupations? 23 RSV0027809 5 } A Could you restate that, please. 2 (The last question was read.> 3 A They could have been -- I do not know. 4 Q Subsequent to July 1, 1973, did you or someone at your 5 direction issue to the Union revised job descriptions for 6 certain occupations? 7 A I believe we did. 8 Q Do you recall theoccupation? 9 MR. ARBITRATOR; The precise question was; did 10 you or someone under your direction do so. 11 THE WITNESS: I believe so -- I did not, myself. Q 12 (By Mr. Domisick) Who is the company's Wage Administra 13 tor? 14 A James Ryan. 15 Q Is he in this room today? 16 A He is. 17 Q Did you participate in the grievance procedure on the 18 Grievance which is entered into evidence as Joint Exhibit 19 2? 20 A I did. Q That Grievance states among other things that the company 21 22 has violated the contract by eliminating job classifica tions unjustifiably and improperly combining work involved 23 RSV0027810 6 1 with other job classifications. 2 Can you tell us, based upon your participation in the 3 grievance procedure and your knowledge of the facts under 4 lying this Grievance, were any job classifications 5 eliminated -- that is, were job classifications emptied of 6 employees holding those job classifications? 7 A Certain occupations were reduced to zero. 8 Q Do you have those in mind? 9 A I know of some of them. 10 q Was one of them that of stock control man? 11 A I believe so, yes. G What is his occupation code? 12 A I do not know the code. 13 Q Can you tell us, if you know, why the occupants of that 14 classification were reduced to zero? 15 A Yes. The company made a staffing realignment in the wake 16 of the shutdown of 92 Building and 85 Building. 17 Q When was Building 92 shut down? 18 A Building 92 was shut down June 30, 1973 -- in the Summer 19 20 of *73. Q So when I refer to a Spring shutdown, you felt comfortable 21 in not explaining the fact that it was June 30th, nine 22 days after Summer officially began? 23 RSV0027811 7 1 A I certainly wanted to give you a truthful answer. 2 Q May we rest comfortably with the assumption that you will, 3 to the extent that you are able, not make known to us the 4 vagueries of dates in the future, and that you will stick 5 precisely to what it is that we are here for. 6 How many stock control men were operating in 92 7 Building prior to the shutdown? 8 A That is specific information about which X would have to 9 do some research to give you an accurate answer, 10 q Is there anyone in this room who would have that informa 11 tion from the country? MR. CROSS: May I go off the record, please. 12 (Conference held off the record.) 13 (Papers were distributed by Mr. 14 Cross.) 15 THE ARBITRATOR: In the off-the-record discussion, 16 the Union agreed to accept a single page document that the 17 company has offered, titled'Staffing Prior to Reduction," 18 as Joint Exhibit 3, and with the grieving parties I will 19 receive Joint Exhibit 3. 20 (Joint Exhibit 3.) 21 (Conference held off the record; A recess was held.) 22 23 ***** RSV0027812 8 --1 2 3 4 5 6 7 8 9 (After recess.) MR. DOMISICK: I have presented to the company certain documents which we have discussed, and we have reached an agreement, I think, to excuse Mr. Belschwender and introduce James Ryan, to introduce these records. THE ARBITRATOR: The Union and the company agree that in order to get the essential dates in the agreement, they have decided to excuse Mr. Belschwender at this time and in his stead, interrogate Mr. Ryan. 10 11 12 JAMES RYAN, Witness ***** ]3 DIRECT EXAMINATION EY MR. DOMISICK 14 15 Q Mr. Ryan, would you give the Arbitrator your name and the 16 town in which you reside? 17 A My name is James Ryan; I live in Springfield, Mass. 18 Q What position do you hold in the company? 19 A Employee Relations Supervisor. 20 Q How long have you held that position? 21 A A little over a year. 22 Q What, briefly stated, are the duties of your position? 23 A The duties of my position, briefly stated -- I'm involved RSV0027813 9 1 in assisting the Employee Relations Manager and the Emplo 2 Relations function at the Springfield plant. 3 q Let me show you what I have marked as Union Exhibit 1, a 4 two-page document. 5 Can you identify that for us? 6 (Union Exhibit #1 for identifica- tion.) 7 A If you prefer, I*11 read exactly as it's titled, which 8 seems to be accurate. 9 THE ARBITRATOR: What is the title? ip A "PVC Polymerization Work Schedule for the week ending July 11 1, 1973." 12 Q Does that cover what is known as Department 80? 13 A Yes. 34 0 And, Department 80 is composed, as I understand it, was 15 composed of three buildings: 92, 88, and 84; is that 15 correct? 17 A At this time, 18 Q Are there some typographical corrections which should b IS made in that list, so that we can more clearly understand 20 it? 21 A I assume you're referring to the occupations of stock 22 control man? 23 0 That, among apparently some others. RSV0027814 10 \ 1 A This document would lead one to believe that the packaging 2 operator works in 84 Building -- that is incorrect. He 3 worked in 88 and 92 Buildings. 4 Q What classification was that? 5 A Packaging operator. I 6 Q Worked in 88 and 92? 7 A That is correct. 8 MR. MATARIO: I think the packaging operator is 9 only in 92. 10 Q (By Mr. Domisick) It would be fair to say that the 11 'packaging operator performed no work in Building 88? 12 A Yes. 13 q Despite the fact that the listing shows his listing under 14 that building. 15 Are there any other corrections which should be made? 16 A The stock control man had duties in all three buildings. 17 THE ARBITRATOR: What does the exhibit show? 18 THE WITNESS: The exhibit has him listed under 19 a group entitled 84 Building. 20 Q (By Mr. Domisick) Are there any further corrections? 21 A The plant service attendant -- well, I believe that the 22 Remainder are correct: plant service attendant, material 23 process expediter are listed under days rather than under RSV0027815 11 1 a particular building. 2 The plant service attendant had no duties in 84 Build ing; the material process expediter, also listed under 3 4 days, had duties in all buildings, all three. MR. CROSS: I have no objection to Union Exhibit 5 6 #1 with that clarification. THE ARBITRATOR: All right. Are you satisfied 7 8 with those clarifications? 9 MR. DOMISICK: Yes. THE ARBITRATOR: There is an offer and no objec- 10 ( 11 tion, so it's received, (Union Exhibit #1.) 12 (Conference held off the record.) 13 THE ARBITRATOR: The Union has retained the 14 original with permission to make copies. 15 q (By Mr. Domislck) Mr. Ryan, let me show you what I have 16 marked as Union Exhibit 2 for identification. 17 Can you identify that for us? 18 A It's entitled "PVC Work Schedule." 19 (Union Exhibit #2 for identifica20 tion.) 21 Q Does it have any date reference to it? 22 A It's dated 11/4/73. 23 Q Can you identify that for us? RSV0027816 12 1 A It's a work schedule. 2 q Does it reflect the staffing at least by classification 3 and building following the current staffing, following 4 the reduction which was effected approximately July 1, 5 1973? 6 A Yes, it reflects the staffing of theweek of11/4/73. 7 Q As a consequence, it wouldcontain noreference at all 8 to Building 92 which has now been shut down? 9 A Yes. 10 THE ARBITRATOR: Yes, it contains no reference? 11 THE WITNESS:, That's correct. MR. DOMISICK: I'm offering Union Exhibit #2 12 13 in evidence. MR. CROSS: No objection. 14 15 THE ARBITRATOR: Received. (Union Exhibit #2.) 16 17 MR. DOMISICK: Likewise, I'd like to retain it 18 for the purpose of making copies. THE 7-i.RBITRATOR: Permission granted, 19 20 Q (By Mr. Domisick) Mr. Ryan, does the company have with it 21 today copies of the job descriptions for each of the job classifications or occupations which are listed on Union 22 23 Exhibit #1? RSV0027817 13 1 (Conference held off the record; a recess was held.) 2 3 4, (After recess.) 5 THE ARBITRATOR: The Union has handed me Exhi 6 bits marked as follows: Joint Exhibit 4, 4A; 5, 5A; 6, 7 7, 8, 8A; 9, 10, 11, 12; 13, 13A; 14 and 14A -- all marked 8 as Joint Exhibits. 9 I presume, therefore, the company agrees to their 10 introduction? / 11 MR. CROSS: Yes, the company has no objection 12 to the introduction of those exhibits. 13 THE ARBITRATOR: without the original and, by 14 agreement, I will receive Joint Exhibits 4 through 14A; 15 these are all job descriptions. 16 (Joint Exhibits 4 thru 14A.) 17 Q (By Mr. Donisick) 1-lr. Ryan, are you familiar with the 18 combinations of duties which resulted from the 92 Build 19 ing shutdown? that is, the duties from, which classifica 20 tions or occupations were placed to the extent that they 21 remained extant into other existing occupations or classi 22 fications? 23 A I'm sorry, would you repeat the question? RSV0027818 14 1 Are you familiar with the -- following the Building 92 2 shutdown -- with the combinations or additions of certain duties or classifications or occupations to other occupa 3 4 tions? I am familiar with the addition of certain duties, yes. 5 6 What I'm about to say is: to the extent that they represent the areas of substantial combinations as opposed to peri 7 8 pheral duties. 9 With that in mind, were the remainding jobs -- follow ing the Building 92 shutdown, were the remaining duties 10 f of dryer operator added to the job of control kettle 11 operator? 12 Yes. 13 Were the duties, the remaining duties of the stock control 14 man added to the duties of the emulsion process assistant? 15 Some duties, yes. 16 Were the remaining duties of the conveyor control operator n added to the packaging operator? 18 Some of those duties were. 19 Were the duties of the general laborer, to the extent that 20 they remained, added to the operator helper's job occupa 21 tion? 22 Yes. 23 RSV0027819 15 1 Q And, were the duties of the material checker and track 2 mobile operator added to the warehouse clerk, some of the 3 duties? 4 A Yes. 5 6 MR. DOMISICK; I have no other questions. THE ARBITRATOR: Any questions for Mr. Ryan? 7 HR. CROSS: None. 8 THE ARBITRATOR: Thank you, Mr. Ryan. 9 ***** 10 11 DONALD F. CRAFTS, Witness f 12 DIRECT EXAMINATION BY MR. DOMISICK 13 14 Q Mr. Crafts, would you give the Arbitrator your name and 15 the town in which you reside? 16 A Donald F. Crafts, 1584 East Street, Ludlow. 17 Q How long have you been employed by Monsanto? 18 A It will be 24 years in March. 19 Q What is your current job occupation? 20 A E.P.A., the emulsion process assistant. 21 Q Do you work in Department 80? 22 A Right. 23 Q In which building or buildings? RSV0027820 16 1 A 84 and 88 -- certain duties in 88. 2 Q How long have you been in that classification? 3 A Since the shutdown of 92, July 1st. 4 Q Prior to the shutdown, what position did you hold? 5 A I was a dryer operator in 88 Building and 92. 6 Q I take it you exercised some bumping rights to get to the 7 E.P.A. job? 8 A Yes, but I didn't do too good though. I had no choice but 9 to take this E.P.A. job on the cutback, because I never 10 held a higher level than 11 -- if that makes any difference f 11 to you. "- I was on that dryer job the bigger part of the 21 12 13 years. 14 Q Were you required, following your bump to the E.P.A. job, 15 to be trained and receive a license for a fork lift truck? 10 17 A Right. They had me take the test and trained me to be a IS lift truck operator. 19 Q Were you required, as well, to take an eye test? 20 A An eye test and a balance test. Q By whom were those tests administered? 21 22 A The shop doctor. 23 Q Was it ever explained to you what would occur if you were RSY0027821 17 ----------------------------------------------------------------------------------------------------------------------------------------------------- 1 1 to fail those tests? 2 A Well, they wouldn't be able to give me a license if I 3 failed any part of the test. 4 THE ARBITRATOR: I don't know what a balance 5 test is. 6 THE WITNESS: Well, that's what he called it. 7 You close your eyes and stand there, and see if you waver 8 at all -- if you have good balance. 9 THE ARBITRATOR: I see -- equilibrium. 10 Q (3y Mr. Dordsick) And if you did not receive a license f 11 to drive a fork lift truck, was it explained to you what the impact on you that would have in your ability to bump 22 to the E.P.A. job, if you know? 13 A It shouldn't have made any difference, but as it was 14 15 stated before they added the truck driver's job onto the E.P.A., so I don't suppose I could have got.the E.P.A. 16 17 job if I wasn't able to drive the truck. 18 Q If you know, prior to the 92 Building shutdown, was it required as an E.P.A., to obtain a fork lift driver's 19 20 license? 21 A Never was. 22 Q Did you pass the exam, the eye test, and receive your 23 license? RSV0027822 8 1 A Right. I had to take a test on a truck -- I passed all 2 of it. 3 Q For what purpose do you use a fork lift truck now? 4 A Well, we have to transfer all -- or try to transfer all 5 the pallet bags in 84 Building, and we have to get raw 6 materials out of 88 and move them over to 84. It's on 7 shift -- I'm on shift, so we're the only ones that do it. 8 Q I'm just asking what you do. 9 A Okay. 10 Q Do you use it to transfer pallets? 11 A Right. f 12 Q And to obtain raw materials? 13 A Yes. Q In transferring pallets, you go from where to where? 14 15 A From 34 Building to S9 Warehouse. Q 7md in obtaining raw materials, you go from where to where? 16 A You have to go back to 88 -- 84 to 88 Building. 17 18 Q Are you assigned to a crew? A I'm on B Crew, right. 19 20 Q Kow many crews are there? 21 A Four crews. 22 Q Is there one E.P.A. to each crew? 23 A Right. _______________________________________________________________________ RSV0027823 19 1 Q Do you work a six and tvro work schedule? 2 A That's right. 3 Q So, the operation is a continuous one, a 7-day operation? 4 A It's a 7-day operation. 5 Q Three crews are always scheduled and one is always off? 6 A That's right. 7 Q How frequently do you rotate? 8 A Once a week. You work six and off two. 9 We change shifts when we return. Every week, after 10 we've been out, we go on a different shift. 11 Q Is the rotation forward or backward? A I'd say backward -- from 7:00 to 3:00, to 3:00 to 11:00. 12 13 Q In addition to one E.P.A. on each crew, do you know the composition of the balance of the crew? What other 14 occupations and how many men are on the crew? 15 A On the crew in 84, or all four? 16 17 Q On your crew. A Are you talking about the building or the whole department ? 18 19 Q On B Crew. 20 A Well, three kettle operators -- THE ARBITRATOR: I'm sorry, Mr. Crafts. Just 21 speak up. You're saying there are three kettle operators 22 THE WITNESS: Yes, in 84. 23 RSV0027824 20 1 1 THE ARBITRATOR: You're on B Crew? 2 THE WITNESS: This is kind of confusion to me. 3 I'm going to give you each building. 4 THE ARBITRATOR: I think he wants you to tell 5 us who are the other members of your B Crew. 6 Was that not the question? 7 MR. DOMISICK: Yes. 8 0 (By Mr. Domisick) If you can't give them to us -- 9 A I can give them to you. The classifications you're talk JO ing about -- okay. 11 Q Let me withdraw the question. It may be easier to get it 12 13 14 15 Q from someone else. THE ARBITRATOR: Maybe we can go off the record. (Conference held off the record.) (By Mr. Domisick) When you assumed the job of E.P.A. -- THE ARBITRATOR:. In the off-the-record discus 16 17 sion, the parties have apparently agreed that the composition 18 of the crews consists of those persons identified on Union Exhibits 1 and 2. 19 20 Is that correct, Mr. Domisick? MR. DOMISICK: That's correct. 2) 22 MR. CROSS: That is correct. 23 MR. BELSCHWENDER: Taking into account the RSV0027825 21 1 designations of those who are on days means they're work 2 ing on the day schedule? they're not part of the B Crew -- 3 a letter-designated crew. 4 THE ARBITRATOR: If that satisfies you all -- 5 I don't know what the agreement is. 6 Q (By Mr. Domisick) When you resumed your job following your bump, were the E.P.A. duties explained to you? 7 8 A Not too well. But, on the other hand, it would take quite 9 a long time to just explain what I have to do, because we 10 do just about everything in that building. 11 Q Were there duties -- forgetting for the moment those dutieis which require the use of a fork lift truck, can you ex 12 13 plain to us what your duties as an E.P.A. are? 14 A Pardon me, did you say excluding the truck? 15 Q Yes. 16 A Well, I have to relieve the baggers; I'm supposed to mix- up raw materials; I work on the kettle floor and the baggin 17 floor -- and cleaning. 18 That's the most part of the E.P.A. job -- I'm more or IS 20 less a helper to everybody in the building. 21 Q Are you required as well to transmit samples to the labora 22 torv? 23 A And take samples to the lab, right. RSV002782<: 22 ' 1 Q Do you relieve baggers on a regular schedule? 2 A Right, 3 Q How many times per shift? 4 A Vie relieve each one of them twice per shift. 5 Q How many baggers? 6 A There's two baggers. 7 Q In mixing raw materials, you mix them for whom or for 8 what purpose? 9 A That would be for the kettle floor, and the blow down 10 operator. 11 Q Are these duties which are performed by you as an asslstan to Building 84 employees? 12 13 Do you perform these functions for Building 84 14 employees? 1 5 A Right. Q with respect to the duties which require the use of a fork 16 17 lift truck for transfer of pallets and taking raw material 3 18 -- are those duties which are now performed by you to 19 assist Building 84 employees? 2 0 A That's right. 21 Q Do you perform any of your E.P.A. functions or your fork 22 lift functions for employees in Building 98? A Only to the extent -- no, not really -- getting the raw 23 RSV0027827 23 1 materials for 84 employees. 2 Q Can you describe for us the cleaning activities or cleaning 3 up activities which, as an E.P.A., you are required to do? 4 A We're supposed to clean throughout the whole building, but 5 I haven't been because I haven't had time. 6 q Can you tell us what the cleaning is supposed to be? 7 A well, there's one big cleaning job, that would be the 8 conveyers. Che bagger conveyers that runs over our head 9 continuously -- that's supposed to be cleaned up, I believe 10 it's every day. 1] Q VThat other cleaning functions do you perform or are you 12 13 A 54 15 q 16 A 17 Q 1 !' A IS 20 21 22 23 supposed to perform? Well, it's just a real dirty and dusty building. The floors should be swept and -~ Any other cleaning duties? Well -- Do you have to remove excess raw material? Right -- anything that has to be removed or anything out side of -- well, any part of that helping job would be part of my job. I guess that would be the best way to say it. Any help the operators in that building need, it's my job to do. RSV0027828 24 1 Q Would that include removing rubbish from the raw material 2 room? 3 A Well, it does include it, but we don't usually have time 4 to take too much rubbish out. 5 Q Since you've been on the job, have supervisors spoken to 6 you concerning which of those duties or certain of those 7 duties you should concentrate on? 8 A Yes. 9 Q Can you identify the supervisor by name and the job he 10 was overseeing? 11 A Pave Gendron, the supervisor in 34 Building. 12 Q When did you have your first conversation with Mr. Gendron 13 concerning the duties you've been -14 A Actually, the first day I got on the job. He made it 15 plain that I had to take the samples -- immediately, when 16 ever I seen his name on the samples, to make sure I took 17 those samples over right away. That was our first discus 18 sion about rhe job. Then, later on -- it's an B-week qualifying period 19 20 on that job -- and he held an informal meeting with me and 21 the foreman, Stanley Zaleski, and he told me that I was 22 doing -- what X was doing on the job was okay; there was 23 no complaint about what I was doing, but I just wasn't RSY0027829 25 1 doing enough of transferring pallets. 2 At that time, T told him I would have to leave some 3 of my regular duties go if I was to transfer all the 4 pallets they put down. 5 He told me that I had to do all my regular duties 6 and transfer every pallet that they bagged out, or I 7 wasn't doing my job. 8 Q The pallets consist of what -- bags of processed material? 9 A Yes, resin, 2000-pound pallets. Q During a normal 8-hour shift, how much bagged resin is ( Jo 11 produced by the A Well, it varies -- it depends on the product. But, they 12 do up to 18 -- normally, around 18, 19, probably, pallets ]3 14 a shift. I 5 It could range anywhere from 14 up. It's usually at least 14 up to 18 -- in that area. 16 Q Have you ever been informed by the supervisor to concen17 18 trate -- in addition to what you've said, to concentrate on moving pallets, and forget the rest of the job? 19 20 A Wen, in a way. Mr, Gendron said that he realized that I don't have any time to do my normal cleaning that I would 21 --^ 22 normally be doing, and X was to get all them pallets transferred. RSV0027830 26 * 1Q 2 3A 4 5 6 7 8 9 10 11 12 13 Q 14 15 16 17 18 A 19 20 21 22 23 Ordinarily, how do you determine what duties you have to do at a particular time? Oell, usually the lead operator has several jobs for us to do, and we've got a certain amount of regular duties that we perform every day without him telling us. The lead operator or the foreman usually tells you anything else he -wants. Like I say, there's so many different duties there, it's just impossible to figure out what I do every day, because wn have different products -- I mean, different --- all except for the kettle operator and blow down operator different raw materials that I have to get, depending on the product. So in addition -- Are there any employees, in addition to the supervisor cr the lead operator, who tell you which duties to perform in what sequence? V7ell, that's the normal procedure, although I've had several supervisors, -- we had a discussion on that. They wanted to give me orders too. I can only do so much, and in order to avoid confusion I filed a Grievance on it, and got it down to where only one supervisor or one foreman or the lead operator would give me the orders. RSV0027831 27 1 Q ^ What was the basis of the confusion, for your protesting? ^2 A Well, the first day I went on the job two different -- Mr. Gendron and a foreman on days told me to take the 3 samples. That was all within about five minutes. And, th 4 lead operator had informed me to take them prior to that. 5 6 So, I was proceeding to take the samples when two others, Mr. Gendron and Mr. Burton, told me to take the 7 samples. So, I right then and there said: we're going to 8 9 run into a lot of confusion? and, I figured we'd better 10 get it squared away then. / 11 Q Has the confusion been squared away? A The confusion would be all these different bosses telling 12 you what to do -- the first one might give you heck for 13 not doing vrhat he told you to do, if he told you something 14 different. 15 I'd have to spend my time explaining that this boss 16 told me to do that, and this one told me to do something 17 else -- sc, I filed a Grievance. 18 THE ARBITRATOR: Mr. Domisick's question was 19 whether, the problem of too many bosses has been worked out 20 now? 21 THE WITNESS.: Well, more or less -- yes, I would 22 say yes. 23 RSV0027832 28 1 Q (By Hr. Don!sick) Who is the supervisor who gives you 2 instructions concerning the sequence or selection of dutie 3 3 that you must perform? 4 A Stanley Saleski, which is a shift foreman. 5 Q Your job description covers, as you've indicated a variety 6 of duties. 7 Is the work which underlies the designation of those 8 duties there, does it exist? 9 I mean, during the course, of a shift, is there work 10 sufficient to cover each of the duties that, in your n description, ~you are called upon to perforin? A Yes, there sure is plenty of work. 12 13 Q Are you able to perform those job duties as mentioned 14 within the job description? 15 A That, T haven't been able to do. Q Have you been criticized for that? 16 17 11?.. CB.OSS: At this time, I object. 18 The testimony telling what his duties are now would certainly seem relevant, but now it appears that there are 19 20 two other points of attack; one about multiple directions. 21 and one about workload -- neither one of which are part 22 of this Grievance. This Grievance was filed June 25, 1973, protesting 23 RSV0027833 29 1 the right of the company to do what it did. This is not 2 a Grievance protesting workloads? this is not a Grievance 3 protesting the work supervision. 4 MR. DOMISICK: We are testing the company's 5 actions. 6 THE ARBITRATOR: Which actions? 7 MR. DOMISICK: By analogy -- the story of the 8 little boy taking his finger from the dike -- it only 9 serves to allow a trickle of water to pass through? but, 10 as the trickle passed through the dam burst. We're faced 11 with much the same situation by the company. 12 The Union, when it filed a Grievance on 6/25/73, 13 roughly a week before, in fact, the actual shutdown 14 occurred, was in a position to contest not only -- obvious 15 ly, it was in a position to contest only what the company 16 proposed to do. 17 The impact of carrying out those proposals is what 18 we're here for today. 19 MR. CROSS; That is another Grievance, that is 20 a workload Grievance. 21 MR. DOMISICK: Testing whether or not an employee; 22 -- whether the company may in this case combine the job 23 as it has done includes not only their contract right or RSV0027834 30 1 lack of contract right, the contract will disclose it 2 has. 3 But, it will be doing a disservice to the arbitrarial 4 process to suggest that we cannot bring to the Arbitrator'll 5 attention the impact of what the company has done -- the 6 work which cannot be performed in the course of a normal 7 workday by the employees who are held or bound to perform 8 such work. 9 This is a measure of their right to do -- to combine 30 their duties of one job with another. 11 We have a question concerning multiple directions. 12 There are a variety of quite relevant areas of inquiry, 13 to help us find out whether or not the company in its 14 exercise has somehow acted in a fashion which contravenes 15 the contract -- were limitations on the company's rights 16 spelled out in the contract? 17 MR. CROSS: Pure and simple. It is our position 18 that these are two other Grievances, neither of which is 19 before this Arbitrator. 20 THE ARBITRATOR: Well, the language of the 21 Grievance says, and I quote "The company violated the 22 contract ... by eliminating job classification ... and 23 improperly combining work involved with other job RSV0027835 31 1 classifications ..." 2 So that on the face of it, the Grievance seems to 3 complain that the company violated the contract: 1. 4 Improperly eliminating job classification? and, 2. Impro 5 perly combining job classifications. 6 The Union is now, through the testimony of Mr. Crafts, 7 seeking to introduce evidence that the effect of the 8 elimination of job classification and combinations of job 9 classification is to create a problem of multiple super 10 visors and unreasonable imposition of work duties on 13 employees. 12 I confess to a certain doubt as to the relevance 13 of this testimony, Mr. Domisick. 14 If the company has a clear contract right to elimi 15 nate job classification and to combine job classification, 16 it would seem to me on the face of it the Union would 17 lose this Grievance; but the company's right to combine 18 job classification and to eliminate job classifications, 19 I would tend to think is kind of a different matter from 20 the company's right to put an employee in a position and 21 taking orders from a number of supervisors, and the 22 company's right to put an unreasonable burden on employees. 23 In short, why isn't Mr. Cross' argument correct? RSV0027836 32 1 Isn't the consequence of the elimination of the job 2 classification and the consequence of a combination of 3 job classification rather a different matter from the 4 administration of eliminated and combined job classifica 5 tions? 6 MR. DOMISICK: Perhaps it was my fault for not 7 engaging in an opening argument or opening statement. 8 The company's right to eliminate and combine jobs is 9 indeed not free from doubt. In fact, more positively it's 10 severely restricted under the contract, is the Union's f 11 view. 12 THE ARBITRATOR: The specific question raised 13 by the Grievance -- 14 MR. DOMISICK: In addition, there are contract 15 limitations in the manner in which the company may combine 16 jobs even in situations where they have a contract right 17 to do so, 18 That brings into play -- at least it was our intention 19 by use of the words "Improperly combining work," to raise 20 the issue which is raised, for example -- 21 I'll give you the citation. In Article IX, Section 22 1(b) of the contract -- that does involve questions con 23 cerning in our view the amount of workload -- to use Mr. RSV0027837 33 1 Cross' phrase -- as well as other considerations. 2 THE ARBITRATOR: So, what you're saying is that 3 when the Union used the words "Improperly combining work 4 involved with other job classifications," your argument 5 is that the Union was concerned not simply with the combina 6 tion as such but rather with the implications of the 7 combination. 8 So that you say the Grievance is really broad enough 9 to support the testimony? 10 MR. DOMISICK: Which is indeed the reason for 11 our using the words "Improperly combined." 12 If we had rested simply on the question of "Eliminat 13 ing job classifications unjustifiably," we'd have a much 14 narrower issue to present. 15 THE ARBITRATOR: Well, the language is ambiguous 16 -- when you can combine classifications, you can eliminate 17 and combine, you could simply eliminate without combining. 18 You're saying the company has done both, but you're 19 going a step beyond that. 20 You're saying not only did the company eliminate job 21 classifications and improperly combine classifications, 22 but you're saying the Grievance includes the propriety of 23 the consideration in addition to what the daily results arh RSV0027838 --1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 MR. DOMISICK: To sort of generalize, indeed it was our intent within this one Grievance -- and sensibly so -- all of the issues emanating from the culmination of the jobs, and contested the company's right to do so under all of the circumstances of this particular case, rather than to approach the resolution of the contract problems on a piecemeal or case-by-case basis. We are obviously dealing, with the number of exhibits we're demonstrating, with a variety of jobs and the impact / the musical chairs impact of that combination. / It must in our view be treated in a broad range of - criteria. MR. CROSS: Mr. Arbitrator, how could we possi- bly interpret the claim relative to "Eliminating" and "Combining" to include the issue of multiple supervision or some illegal workload, when the Grievance was filed on 6/25/73, before either occurred? THE ARBITRATOR: I was going to ask that same question. In order to give -- well, you could give the Grievanc e the interpretation that Mr. Domisick poses. The language is certainly broad enough, ambiguous enough to include both the acts of combining job classifications and the RSV0027839 35 1 impact. 2 But, given that the Grievance was filed on June the 3 25th, prior to any employees having been assigned to work 4 under the combined job classifications, I have difficulty 5 understanding how the Grievance would raise the issue of 6 impact of the combinations as distinguished from the legal 7 or the contractural right to combine. 8 MR. CROSS: I assure you, had they in fact 9 squarely raised these issues they're now trying to slip 10 under the tent provided by Joint Exhibit #2, our position 11 would have been: they were premature. 12 MR. DOMISICK: Of course, it's my recollection 13 the Union was furnished with a draft job description and 14 we were able to make estimates as to the impact on the 15 individual worker at a time clearly before the men were. 16 in fact, required to carry out these duties. But, our 17 foresightfulness should not be against us. 18 THE ARBITRATOR: Of course not, but let me ask 19 you this question -- I'm a little confused with what 20 actually is involved here. 21 Suppose I was to rule, Mr. Domisick, that the company 22 A, had the right to eliminate job classifications; and. E, had the right to combine job classifications. RSV0027840 36 1 Would it not then be necessary to inquire as to a 2 third matter under your theory of the case, namely, whethe:: 3 the combination of job classifications was improper 4 because it placed an onerous and unfair burden on the 5 occupants of those newly combined job classifications? 6 !4R. DOMISICK: I don't see any reason to separate 7 that from the decision to inquire of the lack thereof, or 8 the actual combination. 9 You're suggesting that the company should not be held 10 responsible because of its inability to foresee the out 11 come -- in our view, the company is indeed bound to see 12 and to foresee the results of its actions. 13 THE ARBITRATOR: Perhaps I should have broken 14 my questions down separately. 15 The first is whether on the face of the Grievance, 16 particularly considering the date on which it was filed, 17 the Union may properly litigate the effect of the combina 18 tion on employees as distinguished from the combination 19 itself. 20 And the second question is: what contract provision 21 deals with a limitation of management's rights to impose 22 unreasonable burden on employees in terms of the job 23 description? RSV0027841 37 ' 1 It's one thing to say to employees: you have to do 2 these 2000 jobs each day -- I mean, you put that down in 3 writing -- but that doesn't mean anything if, in fact, 4 employees are not required as a practical matter to per 5 form more than five tasks a day. 6 MR. DOMISICK: I think -- I'm sure I'm not pre 7 pared to fully answer that questions, but I believe that 8 might more be fully amplified in a brief. 9 We do have, for example, a prior decision among the 10 parties which says, among other things, the right of 11 management to be here while unqualified is not unrestrict 12 the Union correctly argued that other provision of the 13 article. Section 1(b) of Article IX, which limits manage 14 ment's descretion in that area, etcetera, etcetera. 15 I think there are standards within the contract and 16 standards adjudicated in prior arbitrations which can 17 give us some guidelines in answering your questions. THE ARBITRATOR: All right. Well, I think that 18 19 has been a very useful discussion. 20 I'm certainly not prepared at this point to exclude 21 evidence bearing on the impact -- and the reason I'm not 22 is really two-or three-fold: 23 First, although I have some reservations about the RSV0027842 38 1 breadth of the Grievance itself, Joint Exhibit 2, I think 2 this may be the kind of case in which you have to hear 3 the evidence before you can really understand the theory 4 of the case. And, to exclude this testimony would, as a 5 practical matter, deprive the Union of an opportunity to 6 spell out its theory of the case through the testimonial 7 evidence. 8 Secondly, notwithstanding my threshold doubts as to 9 the breadth of the Grievance, if there was ambiguity in 10 the language of the Grievance to permit us to put in this 11 evidence to demonstrate its theory of the case; and My third consideration is that it may well be that 12 this is the kind of case in which events that have arisen 13 after the Grievance may tend to shed light on what occurred 14 at the time the Grievance was filed. 15 Now, that's a very gray area and I'm uncomfortable 16 with approaching it this way. 17 IS I guess what I'm saying is that I have just enough doubt as to the Union's right to put in this post-Grievanco 19 20 testimony, so I'll overrule the objection at this point with the caveat that I've already Indicated -- I have 21 22 doubts. MR. CROSS: With all due respects, Mr. Arbitrator, 23 R.SV0027843 39 1 we came unprepared to try issues of multiple supervision 2 and issues of workloads, other than the one which we feel 3 is presented by the Grievance. 4 THE ARBITRATOR: Those issues are not really 5 here on the merits, as I understand it. 6 I take it Mr. Domisick's point is much more narrow, 7 as I understand it, and perhaps he should be responding 8 rather than I. 9 The Union's point is that the foreseeable and now 10 demonstrable consequence of eliminating certain classificaf 11 tions and combining certain others has been to create an 12 unmanageable and unreasonable situation for certain employees 13 who are now in these combined jobs. 14 He's saying that, in turn, bears upon the propriety 15 of the company's combination. 16 I take it you are not saying that you ought to order 17 the company to stop the problem of multiple supervision 18 or that I ought to deal with the problem of unreasonable 19 work burden on employees, but rather that these facts 20 which you will demonstrate through Mr. Crafts' testimony 21 will bear on the company's right to eliminate and combine 22 classifications in the first instance? 23 MR. DOMISICK: That's correct. RSV0027844 40 MR. CROSS: How do you explain the fact that the job descriptions weren't presented to you until after the filing of the Grievance, when you claim it was your review of the job descriptions that made you feel there was a workload issue? MR. DOMISICK: I think it was my understanding they were offered extemporaneously -- if I'm wrong -- that was my recollection. I wasn't representing more than my recollection. (By Mr. Domisick) Mr. Crafts, have you ever been informed by a supervisor, or not, to relieve the baggers during the shift? There has been several occasions where they told me not to bother if there was a particular case where they were going -- I'm not interested in a particular case. Has there been an occasion when you were instructed to do this? Yes. In those situations, where you were Instructed not to relieve the baggers, did anyone relieve the baggers? Them particular times, I think he shut it down. They shut what down? RSV0027845 41 1 A The bagger. 2 Q The machine? 3 A The machine, the bagger. 4 Q V7hen the bagging machine is shut down, does that have an 5 impact on the workers on the process before the bagging 6 operation? 7 That is, if they stop the bagger, do they also have 8 to stop the production of the material itself? 9 A Mo -- except the dryer would have to probably shut down. 10 The dryer would possibly have to shut down if it 11 was down -- if the bagger was down any length of time, 12 the dryer would probably have to shut down. 13 MR. DOMISICK: I have no other questions. 14 Thank you, .Mr. Crafts. 15 ***** 16 17 CROSS EXAMINATION BY MR. CROSS 18 Q Mr. Crafts, are you saying that the E.P.A. job was the 19 only job that your seniority entitled you to under the 20 bumping procedure? 21 A If I wanted to stay in that department, I either had to 22 take that or an operator-helper, which was four levels 23 lower than that, and that was one level lower than mine. RSV0027846 42 1 Q Do you have any options in your department under your 2 seniority system? 3 A No. 4 Q As a matter of fact, does the E.P.A. do cleaning on 5 every shift, or just one shift? 6 A That is part of the job. 7 Q As a matter of fact, isn't it done just on the day shift? 8 A It is right now, because -- and, only part of it. 9 Our normal cleaning by the shift E.P.A. is not being 10 done by anybody, because we don't have time to do it. 11 Q When was the date you went on the E.P.A. job? A That would be July 1st -- as soon as they shut down, I 12 went right from the dryer job to the E.P.A. 13 I can't give you the exact date, but when they shut 14 15 down I went right to the E.P.A. job. Q Do you remember the dates of any of these conversations 16 with Gendron or Zaleski? 17 A The exact date, I might have -- but it was just about a 18 week before my qualifying time would have been up, so that 19 20 would be about seven weeks after I was on the job, approxi 21 mately. 22 Q And you passed that qualifying time and you're still on the job; is that correct? 23 RSV0027847 43 --1 2 3 4 5 6 7 8 9 10 n 12 13 14 15 16 17 18 19 20 21 22 A Well -- Q Are you still on the job? A Yes, I'm still on the job. Q Did you state that your supervisor, Mr. Gendron, spoke to you on the first day of the job? A That's right. Q Did he discuss what your job responsibilities were on the E.P.A. job? A No, he never did -- except to give me an order about bringing samples over. Q ~He told you about bringing samples over, is that correct? A That's right. q Do you know if the company assigned additional E.P.A.'s on the day shift to do the cleaning work? A They have an E.P.A. on days, yes; but, not to do ray cleaning. Q But, do you know whether or not they assigned an additions L E.P.A. on the day shift? A Yes, he did assign an E.P.A. Q To pick up the cleaning work? A He's listed as an E.P.A. raan, like I am. Q But he picked up the E.P.A. cleaning work on days? A He's supposed to do some work, on days. RSV0027848 44 1 MR. CROSS: No further questions. 2 ***** 3 4 REDIRECT EXAMINATION BY MR. DQMISICK 5 Q Does the E.P.A. on days, Mr. Crafts, do any work involving 6 the movement of pallets or the transportation of raw 7 materials? 8 A He does do some work on the raw materials on days, but he 9 does not move any pallets. Normally, the shift worker 10 moves all the pallets. 11 q With respect to the cleaning duties of this E.P.A. on 12 days, does he do all of the cleaning? 13 For example, does he do all the cleaning that is 14 required which you indicated is cleaning the bagger convey* 15 sweeping the floor, removing rubbish and excess raw 16 material? 17 A No, he doesn't. 18 Q What type of cleaning does the E.P.A. on days do? 19 A From what I could observe, he does take out rubbish on 20 both floors and he does do some cleaning on the kettle 21 floor; but, I've never seen him do any cleaning in the 22 bagging area, except to remove rubbish out. 23 Q Does the removal of rubbish -- what percent of his time RSV0027849 45 1 that you've been able to observe does this E.P.A, on 2 days spend on rubbish removal? 3 A Well, I really can't honestly answer that question 4 because I don't really have too much time to observe 5 anybody. 6 MR. DOMISICK: I have no further questions. MR. CROSS: I have no further questions. 7 8 THE, ARBITRATOR: Thank you Mr. Crafts, you're 9 excused. 10 ***** 11 FRANCIS LECLAIR, Witness 12 13 DIRECT EXAMINATION BY MR. DOMISICK 14 Q Will you give us your name and the town in which you 15 reside. 16 A Francis Ernest Leclair, Chief Steward Department 80, 17 Springfield, Mass. 18 Q How long have you been employed by the company? 19 20 A Over 18 years. Q What is your current job occupation? 21 22 A E.P.A. Q How long have you held that occupational title? 23 RSV0027850 46 1 A I'd say around three or four years now. 2 Q In what building have you done E.P.A. work? 3 A 84. 4 Q For that entire period of time, three or four years? 5 A Yes. 6 Q Following the closedown or shutdown of Building 92, was there any alteration in terms of the process or the 8 manufacturing carried out in 84 Building which was changed 9 so as to change your E.P.A. duties? 10 A Did you say prior to the shutdown or after the shutdown? 11 Q Following the shutdown^, was there any impact on E.P.A. 12 duties as a result of this shutdown? A Yes, transferring of stock, the stock control man's job. 13 Q Excluding that, just looking in terms of what formerly 14 15 you had been performing as an E.P.A. -- 16 A Right. Q -- was there any change at all as a result of the 92 17 18 Building shutdown? A No. 19 20 Q Was the job description which was existing for your job 21 prior to the shutdown, marked as Joint Exhibit #13, an 22 accurate, however brief, description of your duties as an E.P.A.? 23 RSV0027851 47 1 THE ARBITRATOR: I'n sorry. Is the question 2 with Joint Exhibit 13: was or now is? 3 MR. DOMISICK: Was an accurate reflection of 4 your job duties? 5 THE ARBITRATOR: Before July 1? 6 HR. DOMISICK: Yes. 7 THE WITNESS: Yes. 8 Q (By Mr. Domisick) Have you had an opportunity to review 9 the draft or proposed job description for the E.P.A. which 10 the company has issued as a result of the 92 Building 11 shutdown? 12 A Ho, I haven't -- no. 13 Q Let me shov; you what has been marked as Joint Exhibit 13A 14 and ask you if you will review that. 15 (Pause in the proceedings.) 16 Q Prior to today, had you ever seen Joint Exhibit 13A? 17 A Ho. 18 Q At or around the time of the 92 Building shutdown, were yoi 19 informed that there.were to be added to your job the duties 20 which had formerly been performed by another job classifica 21 tion? 22 A Hot really, not officially. 23 Q How did you learn of it, other than in an unofficial mannei RSV0027852 48 1 Q From the janitor -- he got all the information first-hand. 2 Q Wien do you recall having your first discussion with the 3 supervisor concerning the changes or additions to your 4 job duties? 5 A It was Mr. Mike Starr, when I heard the rumor. 6 Q Mr. Starr held what position at the time? 7 A The job that Mr. Ryan has right now -- not Mr. Ryan, I 8 take it back -- Mr. Paul Bureau. 9 I apologize -- Mr. Paul Bureau. 10 Q And what information did you obtain from Mr. Starr at that 11 time? A 12 Well, he told me roughly what the job was going to consist of once 92 shut down; what he expected from the E.P.A. as 13 far as transferring of pallets -- 14 15 Q V7hat did he tell you about the existing duties of the IMP.A.? Were they to be altered in any fashion? 16 A No, they were to remain as is. 17 IS Q And what was to be added to the E.P.A. job functions? A Stock control man -- 19 20 May I say something? 21 Q Sure. 22 A In my discussion with Mr. Starr-- this is the discussion I had with him in the office -- what he said to me at that 23 RSV0027853 time was that we're not asking the E.P.A.'s to do any more than eight hours work. I told Mr. Starr that based on the information he cave me it was virtually impossible to do the amount of work in that eight-hour period. He said: if that was the case, then we would have to look at the E.P.A. classification, the job classification. Q What happened to your examinations -- did they prove out? Have you been able to perform all of the E.P.A. and the added K.C.M. duties? A No, I couldn't. / Q Has the company, to your knowledge, re-examined the imposi tion of those duties on the E.P.A. Job description? A No. Q At some point follevying the 92 Building shutdown, were you required to obtain a fork lift driver's license? A Yes, X was. Q Were you required to pass an examination as well? A Yes, I was. Q Were the consequences of your failure to pass either or both of those tests explained to you? A Yes, I talked to Dave Gendron and I talked to Paul Kittredge, who was in charge of the test, and I asked him: RSV0027854 1 seeing as I'm in the classification already, what would 2 happen if I failed the physical or I failed the driving 3 test; and his answer to me was; "Well, I don't know. I 4 would rather not speculate on it." 5 Q Did you form an opinion in your own mind at that time 6 what the consequences would be? 7 MR. CROSS: I object. 8 THE ARBITRATOR: Sustained. 9 Q (By Mr. Domisick) Are employees who do not possess fork 10 lift driver's licenses allowed to operate fork lift trucks 11 in the performance of their duties? "- A No, that's a direct violation of the Safety Department -- 12 13 no. Q Is it a requirement in order to obtain a fork lift driver'^ 14 15 license, among other things, that an employee pass an eye examination conducted by the company? 16 17 A Yes. THE ARBITRATOR: Who issues this license? 18 THE WITNESS: The Safety Department. 19 20 THE ARBITRATOR: The state or the company's? THE WITNESS: The company's. 21 THE ARBITRATOR: I was not aware that the state 22 or anybody else issued a fork lift license. 23 RSV0027855 cn 1 2 3 4q 5A 6Q 7 8 9A 10 Q 11 12 A 13 14 15 16 17 18 19 Q 20 21 A 22 Q 23 A TEE WITNESS: The company issues it. TIIE ARBITRATOR: It's a company license? TEE WITNESS: Yes. (By Mr. Domisick) And on what crew do you work? Dog Crew -- D. To your knowledge were the E.P.A.*s on the remaining two crews also required to pass an eye examination and fork lift driver's examination or test? Yes. Subsequent to your passing the examinations, have you , been required to use a fork lift? Oh, yes I could practice driving, I could not move material. What they made me. do is go out in the field, in the back where all the pallets are, and pull pallets off, pull then down, and take some more and put them on top and move them back onto the stacks -- but, not handle any material at all, just pallets. After you received your license, to what use have you put it? To great use. Doing what? Transferring pallets, raw materials -- RSV0027856 7 3 1 Q Can you tell us at this point if there is a range or 2 figure, or more specifically than a range, the number of 3 hours in a normal work week of 4 0 hours that you use the 4 fork lift truck? 5 A In a normal work week? 6 Q Yes. 7 A Do you want amount of hours or percentage? 8 Q Amount of hours or percentage., or whatever you feel more 9 comfortable with. 10 A I'd say almost 90 percent. 11 Q Before the closedown of 92 Building, who was the employee in 84 Building who performed the work which you now find 12 13 yourself doing, and using the fork lift truck? 14 A Well, there would have been -- 15 Prior to the shutdown? 16 Q Yes. 17 A That would have been the stock control man who was on D 18 Crew at that time. Q Prior to shutdown, I understand there was an S.C.M. on 19 20 each of the crews? 21 A On the four' crews. 22 0 What has been the impact since the shutdown of your using 23 the fork lift truck, as you've told us, about 90 percent RSV0027857 53 ' 1 of the time? 2 A Mainly transfer. 3 Q I'm sorry -- what is the impact on your E.p.A. duties? 4 A Well, it's really less -- in other words, I can't fulfill 5 most of the duties that I normally perform. 6 Q Is that work still there to be performed? 7 A Definitely. 8 Q Is anyone other than yourself on your crew performing it? 9 A No -- I want to retract that. 10 I'll have to say yes, because the pool people that 11 are assigned over in the department, they're assigned 12 probably two or three E.P.A.'s in 84 Building who would 13 be doing my job, such as sometimes delivering samples if 14 I can't take them up. If I'm busy, they will deliver the 15 samples because they're being paid the E.P.A. rate. 16 Q Now, prior to the shutdown of 92 Building, were employees 17 from the labor pool utilized as fill-in E.P.A.'s? 18 A Extra help, yes. 19 Q On what type of basis, that is, in a normal week, any 20 period of time you feel comfortable with -- what was the 21 number of labor pool people who came in as extra help for 22 E.P.A.'s? A I would say at least two extra E.P.A.'s would be assigned RSV0027858 54 for the whole week. 1 Q This was before the shutdown? 2 A Before the shutdown? 3 Q Yes. 4 A No, not before the shutdown; this was after the shutdown 5 I'm sorry. 6 Q After the shutdown,we've hadapproximately two per week? 7 A Yes. 8 Q On a full time basis,week-by-week basis? 9 A Yes, week-by-week -- we've had as many as five. 10 Q Prior to the shutdown, what was the utilization of the 11 labor pool for extra help for E.P.A.'s? 12 A Not too much, hardly any -- mostly in 88 Building, as 13 operator-helpers. 14 Q When the labor pool employees are now utilized as extra 15 help in 84 Building, what duties do they perform? 16 A Housekeeping -- and if they have a license, maybe they're 17 asked to drive a truck. 18 Or, if there is, say, a vacancy in a bagger, they'll 19 throw a pool man on that. 20 Q Are the duties that the labor pool employees do when they 21 are sent into 84 Building now -- are these duties which 22 fall within the job description of an E.P.A.? 23 RSV0027859 55 --1 A Yes. 2 Q Have you ever had discussions with supervisors concerning 3 the use of these labor pool employees? 4 A Only if they were working out of the job classification. 5 Q Can you explain that more fully to me? 6 A Well, let's say that they have a pool man in there, E.P.A. 7 -- right? And, they want him, let's say, to work with the 8 kettle operators, you know, something like that. 90 per9 cent of the time they will be doing their own job. 30 Q How do we know? When you say their job, you mean an E.P.A 11 job? A Yes. 12 13 Q How do we know that? 14 A They normally reguest it by supervision -- say, for next 15 week we want two on each crew for 84 Building -- and then 16 probably have some others assigned to 88 Building. 17 Q When you used the figure before, in prior testimony, of 18 two per week approximately since the 92 shutdown, do you mean two per crew per week? 19 20 A That's right, two per crew per week, and as many as five 21 on days. Q This has been going on since approximately when? 22 A I'd say after the first layoff. RSV0027860 56 1 That was what? Shortly after that -- the first of 2 July? 3 MR. NATARIO: I can't answer. He won't let 4 me answer. 5 Q (By Mr. Domisick) Was it sometime in the month of July? 6 A Yes, we had excess people in the plant. 7 Q Has the company since the 92 Building shutdown posted for 8 addititional permanent or full time E.P.A.'s? 9 A No. 10 Q In your opinion, is there a need of additional E.P.A.'s 11 on the crews? MR. CROSS: I object. 12 13 THE ARBITRATOR: Sustained. Q (By Mr. Domisick) Is the company still, as of today. 14 15 using labor pool employees on E.P.A. jobs? 16 A Yes. 17 Q What is the reason, if you know, why labor pool employees are being brought in on a week-by-week basis to perform 18 E.P.A. duties? 19 20 A Well, they're excess, really. I mean, the company has this shift pool where they have excess people to put them 21 in, and then they assign them to various departments on 22 23 request. RSV0027861 57 1 Q Why are they being requested? 2 A For housekeeping -- or if, we'll say an E.P.A. is out on 3 days, say the 3:00 to 11:00 shift, he goes home and he 4 isn't coming in, if there is a pool man with a driver's 5 license, a qualified E.P.A. man, they'll bring him over 6 to fill a vacancy. 7 Q With the exception of bringing him over to cover actual 8 absenteeism, have they been brought in in circumstances 9 where, in fact, the E.P.A. has been present, has been 10 working? 11 A Yes. 12 Q What is the reason for that? 13 A Well, the place could be a mess, for one thing; there may 14 be an inspection coming up and they want to get -- you 15 know -- and they bring them in on a housekeeping basis. 16 THE ARBITRATOR: You're saying that the labor 17 pool people are being called in to do housekeeping work 18 that otherwise wouldn't be done by the regular assigned E.P.A.'s? 19 20 THE WITNESS: That's right. Q 21 22 {By Mr. Domisick) It would not be done by the E'.P.A.'s for what reason? 23 A They don't have time to do it. RSV0027862 58 1 Q Can the company avoid its obligation under the contract -- 2 (unintelligible) 3 THE ARBITRATOR: The question the reporter 4 didn't hear is objectionable, and the objection is sus 5 tained. 6 Q (By Mr. Domisick) Have you been informed by supervision 7 to concentrate on only certain aspects of the E.P.A. 8 duties as revised? 9 A You bet, yes. 10 Q By whom? 11 A By Mr. Dave Gendron, by Mr. Ed Scully (Phonetic), Mr. Ed Burton, and Mr. Don Moorehouse, who is the shift foreman 12 on D Crew. 13 Q Can you tell us the sum or substance of those conversation!; 14 15 to the extent they differ? Would you make it clear who the speaker is? 16 A Take Mr. Moorehouse, my shift foreman -- we are running 17 R-10-69, which is a real good product -- 18 THE ARBITRATOR: Are you saying "Our" or the 19 letter R? 20 THE WITNESS: The letter R -- which involves . 21 quite an operation. 22 First of all, you have to make up boxes, then you 23 RSV0027863 59 1 have to put them on a pallet; then, you have to bring them 2 over into 84 Building, then you put them on a scale, and 3 this -- all of this off-grade material goes in there, and 4 when it hits 900 pounds then you have to pull that off, 5 bring it to 88 Warehouse, band it. 6 But, before you do all this, you have to get another box to put down on the scale -- anyway, I'm trying to give 7 8 you a general idea what's going on. 9 I was so busy one day making boxes, transferring 10 pallets, that there were three or four boxes in the ware11 house that he insisted I band. I told him I didn't have the time, I was occupied. I had to go up and make an 12 E-3, which is -- it's part of my job -- and he told me at 13 that time to forget the E-3 and start banding the boxes 14 and transfer them in to the warehouse. 15 I told Mr. Moorehouse right then and there, "You 16 might as well give me a verbal warning for doing my job. 17 I'm going up to make this E-3." I wasn't about to shaft 18 the incoming E.P.A., because he would have to go up and 19 make it -- because they only allow an hour to an hour and 20 a half in which they can use this E-3, so it had to be 21 made up in a certain time. 22 THE ARBITRATOR; But the answer to Mr. Domisick's 23 RSV0027864 60 1 question as to whether anybody ever told you to concentrate 2 on one aspect of your job, your example is on this occasion 3 Mr. Moorehouse told you not to make up the E-3's but 4 rather to concentrate on moving pallets and boxes? 5 THE WITNESS; Yes. 6 Q (By Mr. Domisick) Have there been other occurrences with 7 the other-named supervisors.from which you have received 8 essentially similar instructions, that is, to concentrate 9 on one part of your job as opposed -- 10 A . Yes, many times. 11 Q 12 13 14 A 15 Q 16 17 18 A Q 19 20 21 22 A 23 On~ each of those occasions, have the duties you have been told to concentrate on, were those formerly performed by the S.C.M.'s? Will you repeat that? When you were told to concentrate on certain duties by the supervisors, were you told to concentrate on the duties -- I'll call it added duties -- the S.C.M. duties? Yes. What is the impact on the incoming shift E.P.A.'s when you are informed to concentrate on what had been S.C.M. duties? What effect does that have on the performance of the E.P.A. coming on the shift? Well, the famous question is; how many pallets in the RSV0027865 61 1 warehouse? They want to know how many are left. 2 Due to the fact of not being able to fulfill it -- Q Can you explain that morefully to us? 3 4 A Let's say I wasbusy, or let's say Iwas at a Grievance meeting.The first thing the E.P.A. on the incoming crew 5 would say to me -- I'm in good shape -- how many pallets 6 left in the warehouse? I say, "Wot empty -- 14 --" 7 Q Why is that important to your relief? 8 9 A They want to know what the general condition of the ware 10 house itself is, because there is not that much room in / that warehouse. 11 q I'm still not sure it's clear. 12 What are the alternatives you can answer him? For 13 example, 14 would indicate what? The warehouse is crowdedf 14 A Yes, the warehouse is crowded -- well, yes, it's crowded. 15 Q What would that mean to the incoming E.P.A,? 16 A He would have to jump on his truck right away to get some 17 of the pallets out. 18 q When he moved them from the warehouse, where would he 19 have to move them to? 20 A 89 Warehouse. 21 Q Those are really the S.C.M. duties? 22 A Yes. 23 RSV002786! 62 1 Q So as the job has been revised, I take it -- well, I'll 2 withdraw that question. 3 Have you been threatened with discipline for failing 4 to keep up with your E.P.A. duties? 5 A No. 6 Q Have you been threatened with discipline for failing to 7 keep up with your S.C.M. duties? 8 A I've been talked to. 9 THE ARBITRATOR: You're now distinguishing 10 between E.P.:A. duties before July 1, '73, and E.P.A. 11 duties after July 1, '73? 12 MR. DQMISICK: I'm trying to find the sources, 13 for convenience. 14 THE ARBITRATOR: I don't understand this dis 15 tinction. I mean, if they're all now E.P.A. duties, pur 16 suant to Joint 13A, then he has been warned or talked to 17 -- he would have been warned or talked to for not perform 18 ing E.P.A. duties. 19 Q (By Mr. Domisick) Has Joint Exhibit 13A, the revised 20 description you have been furnished, been agreed to betwee 21 the parties? 22 A This, I don't know. This is job evaluations. 23 THE ARBITRATOR: Job descriptions, I think. It RSV0027867 63 1 says "Draft" at the top. 2 Q (By Mr. Domisick) Would you be able to go through 13A 3 and indicate to us from its text what are the added duties r 4 the duties added to your E.P.A. job following the 92 Build5 ing shutdown? 6 THE ARBITRATOR: Are you asking what's new in 7 13A that's not on 13? 8 MR. CROSS: The documents speak for themselves. 9 THE ARBITRATOR: I think so too. I'd be delight* sd 10 to have Mr. Leclair,- do that for us but it really takes up 11 time, and if this is the comparison you want to make -- 12 MR. DOMISICK; I thought it would be simpler 13 for one person to do it than three of us to do it. 14 THE ARBITRATOR: Presumably, you can do that in 15 your brief. 16 Assuming Mr. Leclair is not prepared to do it as we n would do it, word-for-word, line-for~line -- 18 Are you prepared? 19 THE WITNESS: Anytime. 20 THE ARBITRATOR: But, you hadn't seen this 21 document before today -- 13A? 22 THE WITNESS; No. Q (By Mr. Domisick) Have you been informed or advised not RSV0027868 64 1 to relieve a bagger? 2 Yes, I have. 3 When you have been informed not to relieve him, has any 4 one relieved him? 5 I did. , I relieved the bagger -- it's my job. 6 Despite being informed not to do so? 7 That's right. 8 From whom did you receive that instruction? 9 Mr. Ed Scully. 10 Do you recall when that wa,s? If you don't -- 11 I'd have to say it was shortly after this transition 12 period. 13 Why did you relieve him despite Mr. Scully's instructions 14 not to? 15 Because I wanted to fulfill my job description. It 16 states on my job description that I will relieve the bagger:s< 17 Were you disciplined for doing that? 18 No, I wasn't. 19 What did Mr. Scully want you to do in the period of time 20 that you were not to relieve the bagger? 21 Transfer pallets. 22 That portion of your time which is not spent material 23 handling, now, doing the S.C.M. work, which of the E.P.A. RSV0027869 65 1 2A 3Q 4A 5 6 7 8 9 10 11 12 13 14 15 Q 16 17 18 A 19 20 21 22 23 duties do you find yourself performing? When I'm not transferring pallets? Right. I could be making E-3's? I could be cleaning part of the utility warehouse -- what I mean is, the kettle operators use up neofat bags; or, I could be bringing samples to the laboratory, that is, on occasions I'd be transferring. They would have a rough seed sample which has a bearing on what we're making, and they tell me to get off the truck and bring in samples. On numerous occasions I've asked them to make up their minds what they wanted me to do. Sometimes I'd bring samples and they'd tell me not to do it. Mr. Crafts has explained that he has received multiple instructions from supervisors. I take it from the comments you've just made that you have suffered through the same? I have, but not to the extent that Don. Crafts went through Eecause, when I went on the job three or four years ago, like I say, the foreman trained me on the job. Actually, my job was never clearly explained to me but, more or less, they would pass it off to the lead operator RSV0027870 66 1 who, in turn, fathered me. 2 MR. DOMISICK: I have no other questions. 3 MR. CROSS: Ho questions. 4 THE ARBITRATOR: Thank you, Mr. Leclair. You're 5 excused. 6 (The luncheon recess was held.) 7 8 9 10 FRANCIS LECLAIR (Resumed) (Afternoon session' 11 DIRECT EXAMINATION BY MR. DOMISICK (Cont'd) 12 Q Ernie, in the past when the S.C.M. in Building 84 had 13 been absent or was absent, by whom, if anyone, was he re 14 15 placed? 18 A By another S.C.M. Q Again, prior to the closing of 92 Building, what is your 17 recollection of the average number of hours in a workday 18 or workweek that you, as an E.F.A., spent carrying out th 19 20 cleaning functions of your job? A The average hours in a day on the cleaning? 21 Q Yes -- or an average week or percentage, whatever is com 22 23 fortable for you. RSV0027871 67 1 A I would say anywhere from three to four hours cleaning. 2 That building is really a dirty area, dusty -- 3 MR. DOHISICK: I have no further questions. 4 ***** 5 6 CROSS EXAMINATION BY MR. CROSS 7 Q Roughly, how many hours a day would you say you would 8 average out in cleaning, now? 9 A Right now? 10 Q Yes. 11 A I don't doanything. 12 Q You don't do any cleaning? 13 A No -- the only cleaning I do is if I spill a pallet, or 14 something -- 15 Q But, you don't do any cleaning now? 16 A No, 17 MR. CROSS: No further questions. 18 MR. DOM1SICK: I'd like to call Carl Kelley. 19 ***** 20 21 22 23 RSV0027872 68 1 CARL KELLEY, Witness 2 DIRECT EXAMINATION BY MR. DOMISICK 3 4 Q Would you give the Arbitrator your name and the town in 5 which you reside. 6 A Carl Kelley, Ludlow, Mass. 7 Q North or south? 8 A South Ludlow. 9 Q Kow long have you been employed by Monsanto? 10 A A little over 18years. 11 Q What is your present classification? A 12 Control kettle operator, 88 Building. 13 Q How long have you been in that classification? 14 A Somewhere around five or six years. 15 Q How much of that time in 88 Building? 16 A All of it in 88 Building. 17 Q Following the close of 92 Building, with respect to your 18 duties as a control kettle operator, was there any change in your performance of those duties? 19 20 A Yes. 21 Q Briefly, can you describe the change? 22 A I was given the complete drying operations of 88 Building and also the remaining duties of the control kettle opera 23 RSV0027873 C9 that was left from 92 Building which involved -- on the tank farm we have a VCJ1 tank farm, which is located approximately 500 yards from my building, where we, if we run into any troubles, this tank farm -- I must go out, switch tanks and pump in monomer from the tank farm, virgin mo noner. This is the duty that I picked up from the 92 Build ing control operator when they done away with 92 Building. q So, with respect to the effect of the 92 Building shutdown you picked up dryer operator duties in 38 Building and the remaining C.K.O. duties from -- A All of the 03 Building, I picked them up. Q Excluding those two areas, did the 92 shutdown affect your job performance as a C.K.O. operator, your C.K.O. duties? A I don't know what you mean. Bid the change -Q Bid your duties remain unchanged as kettle operator in 08 Building? A Well, let mo put it this way*, none of my equipment was changed, none of my duties was changed. It was only added to. Q Is this the first time that you've had duties added to your C.K.O. job? A Uo. RSV0027874 70 1 Q When was the next most recent time? 2 A Around April 1st or April 15th of 1972. Q Did this involve the addition of solvent operator duties? 3 4 A Yes, it did. I picked up around 75 to 80 percent of the 5 solvent operator's duties. 6 Q That was subsequently arbitrated, was it not? 7 A Yes, it was. 8 Q Before the shutdown, was there a dryer operator in 88 9 Building? 10 A Yes, there has always been a dryer operator who just run 11 the dryers. Q He operated how many dryers in 88 Building? 12 A Well, at one time he operated two dryers; and then, around 13 12 years ago they came in with what they call a flash 14 15 dryer, which is what we classify as a dryer in front of a dryer. So, he was -- at that time, he would operate #1 16 dryer periodically and operate #2 dryer, which is the 17 flash dryer, and the regular rotary dryer all the time -18 and, its capacity is greater than all the other three 19 dryers in the department. 20 Q Where were the other dryers? 21 A There were two dryers in 92 Building. 22 Q On your crew in 88 Building, there was only one dryer 23 RSV0027875 71 1 operator per crew? 2 A Always one dryer operator per crew. 3 Q And on your crew, who was that dryer operator? 4 A Mr. Donald Crafts, for many years. 5 Q How long, to your recollection -- how long had he stayed 6 in Building 83? How long was he the dryer operator in 7 Building 88? 8 A When T first started with Monsanto in '55, we had 86 and 9 83 Building. At that time, Mr. Crafts was in 88 Building. 10 When we shutdown, he came to B Crew. 11 Q Would it be, fair to say that your answer to that was since 1956? 12 13 A Most of the time. Once in awhile, he would go to 92 Building, but I'd say since 1956 Donald spent 80 percent 14 15 of his time in 33 Building. 16 Q Following the shutdown of 92 and the addition of these 17 dryer operators and S.K.O. duties from Building 92, have 18 you been performing all of the duties which have now been 19 assigned to you? 20 A Yes, all that I can perform. Q Are you performing the dryer operator functions any' 21 differently than Mr. Crafts performed them in the years 22 that he was dryer operator in 88 Building? 23 RSV0027876 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 A Q A Q A Q A Q A Yes. As I stated before, up until around maybe one or two years ago, maybe three years ago, I don't think they run #1 dryer -- not in the last three years, hardly. And you were continuing in that pattern of not running #17 That's right. We run all the equipment that Donald was running in the last three years. During that three-year period, did he work exclusively as the dryer operator in your crew in 88 Building? Yes, he only took these directions from the foreman -- he had nothing to do with the kettle floor personnel. There is nothing different from the way he did the job as the way you do the job? Nothing -- not even the change of a button. Except, you are the kettle operator? And a solvent operator. MR. DOMISXCK; I have no other questions. Thank you. MR. CROSS: No questions. THE ARBITRATOR: Thank you, Mr. Kelley. MR. DOMISICK: In an effort to expedite this. can we get an agreement to enter this, or will you stlpulate to its authenticity? RSV0027877 73 1 MR. CROSS: I'll stipulate that it's authentic. 2 MR. DOMISICK: Do you have any objection if I 3 offer it into evidence? 4 MR. CROSS: No objection. 5 Do you have a copy of that? 6 MR. DOMISICK: Unfortunately, I do not. 7 I111 have to beg your indulgence as I did to Exhibit 8 #1 and Exhibit 2. 9 Offering into evidence Union Exhibit #3, a notice 10 from the company, dated June 18, 1973, to Department 80 11 personnel, which reveals the reduction in force which, in 12 fact, thereafter took place. 13 I would like the opportunity to withdraw it for the 14 purpose of making duplicates, thereafter funishing those 15 to the arbitrator and to the company. 16 THE ARBITRATOR: All right. Without objection. 17 I'll receive Union Exhibit #3, and the Union may keep the 18 original for purposes of making copies. 19 (Union Exhibit 3.) 20 MR. DOMISICK: Subject to its right to rebuttal, 21 the Union has no further testimony or evidence to present 22 at this time. 23 MR. CROSS: Does the Union rest? RSV0027878 74 * 1 THE ARBITRATOR: Subject to rebuttal, the Union 2 rests. 3 (Union rests.) 4 THE ARBITRATOR: Mr. Cross, is the company ready 5 to proceed or do you want a brief recess? 6 MR. CROSS: The company is ready to proceed. 7 Mr. Belschwender -- 8 ****** 9 10 JOHN R. BELSCHWENDER, Resumed 11 DIRECT EXAMINATION BY MR. CROSS 12 13 Q State your name, please. 14 A John R. Belschwender. 15 Q You're the same John R. Belschwender that previously testi 16 fied? 17 A I am. 18 Q Mr. Belschwender, what is the nature of the company's 19 20 A manufacturing activity at the Springfield plant? At the Springfield plant, the company manufactures a variety 21 of plastic raw materials generally for use by -- for further 22 use by other processers, other companies. 23 Q Such processes as what? RSV0027879 75 1 They make the raw material for molders, for the manufacturf 2 ers of automobile window glass, for insulating vendors -- 3 this type of thing. 4 At the time in question, approximately how many employees 5 were working in the production bargaining unit? 6 A About 1100. 7 Q I hand you now what has been marked company's Exhibit 1, 8 and ask you if that is a true and accurate representation 9 of the company's Springfield manufacturing facility? 10 It is. 11 (Company's Exhibit 1 for identified tion.) 12 Are there designated there on the buildings that have 13 been previously referred to in this proceeding, by number? 14 There are. 15 MR. CROSS: The company offers its Exhibit #1. 36 MR. DOMISICK: No objection. 17 THE ARBITRATOR: It's received. 18 (Company's Exhibit #1) 19 Q Now, the buildings directly in question in this proceeding 20 are Buildings 92, 88, 84, and 85; is that correct? 21 A That's correct. 22 Q Approximately how far is Building 92 from Building 88? 23 A I would say 30 to 40 feet. RSV0027880 76 ' 1 THE ARBITRATOR: Just a minute. I'm trying to 2 find them on this exhibit. 3 MR. CROSS: The lower left hand corner. 4 (The last question and answer were read.) 5 Q (By Mr. Cross) What was the basic material made at the 6 time in question, in Buildings 92 and 88? 7 A Polyvinylchloride resin. 8 THE ARBITRATOR; Are you saying both buildings 9 made that product? ip' __ 11 Q THE WITNESS: Yes. (By Mr. Cross) Is it sometimes referred to as PVC resin? 12 A It is. 13 1Q 14 At the time in question, what shifts was the company running? 15 A The operation was run on a continuous basis with four 16 crews operating around the clock, six days on, two days 17 off, plus, of course, some day people. 18 Q What kinds of resin, if any, was made in Building 84? 19 A It was called paste. 20 Q What, if anything, was done at this time in Building 85? 21 A Building 85 was a processing facility whereby the resin 22 was taken and processed further, blended, mixed, calendered f compounded -- RSV0027881 77 1 Q Mr. Belschwender, there has been some testimony relative 2 to certain kinds of ocular tests and balance tests. 3 Would you please tell the Arbitrator what these tests 4 are and what they're for? 5 A The tests referred to are given to those who are about to 6 be qualified as drivers, lift truck drivers, and they have 7 been given for several years. 8 Q who gives them? 9 A The Safety Department and the plant physician. 10 Q Let me direct your attention to the Spring of 1972 and 11 ask you what, in general, was the situation relative to 12 your PVC operations at that time? 13 A The PVC operations have been in a poor business position 14 for some time and were at the time, this Spring of '72. 15 THE ARBITRATOR: What do you mean "A poor busi 16 ness condition"? You mean there was no market or overrun 17 by competition? 18 f THE WITNESS: We were in a poor competitive 19 position. 20 Q (By Mr. Cross) What, if anything, did the company do at 21 about this time in response to this situation? In response specifically to a quality problem which we felt^ 22 was hampering us with our competitors, the company eliminated 23 RSV0027882 78 1 the occupation of solvent operator. 2 First, however, it changed the solvent cleaning sys 3 tem -- improved it -- in an attempt to improve product 4 quality. 5 Q Now, in what buildings did the solvent operator occupation 6 work prior to the time that the job ceased to exist? 7 A 92 and 88. 8 Q What did you say the company's action was relative to the 9 solvent operator? 10 A We eliminated -- we took all the employees out of the 11 solvent operator occupation and parcelled out the remain 12 ing duties to remaining occupations. 13 Q Did the Union grieve this elimination? 14 A They did. 15 Q X hand you now company's Exhibit 2 and ask you if this is 16 the Grievance which the Union filed at that time, relative 17 to the action taken with respect to the occupation solvent 18 operator? 19 A , It is. 20 21 22 23 (Company's Exhibit 2 for identification.) MR. CROSS: The company offers its Exhibit 2. MR. DOMISXCK: ' No objection. RSV0027883 79 1 THE ARBITRATOR: It is received. 2 (Company1s Exhibit 2.) 3 Q Did the Grievance represented by Company's Exhibit 2 go 4 to arbitration? 5 A It did. 6 Q Was the case decided? 7 A Yes. 8 Q I hand you now what has been identified as company's 9 Exhibit 3, and ask you what that is? 10 A 11 12 13 14 15 16 17 18 19 Q 20 21 22 A 23 This is the det cision and award of the Arbitrator in that case. (Company's Exhibit #3 for identifi-cation.) MR. CROSS: The company offers its Exhibit 3. MR. DOMISICK: I have no objection to its introduction into evidence. THE ARBITRATOR: All right. Without objection# Company's 3 will be received. (Company's Exhibit #3.) (By Mr. Cross) Let me direct your attention to February# 1973, and ask you if the company's position relative to the PVC operations was any different as of this time? Yes. On February 2# the company announced that it was significantly modifying its PVC operations. RSV0027884 80 1 Q What, in fact, had occurred that it announced on or about 2 such date? 3 A On that date, the company announced that it was to shutdown 4 85 Building, to shutdown 92 Building for renovation, for 5 the possible manufacture of a new product; that some of 6 the vinyl technology would be sold to the Borden Company 7 and that the output from Buildings 88 and 84 would be 8 sold to the Borden Company. 9 Q Was this announced to the Union? 10 A It was. 11 Q And, was it announced on that date you just identified? 12 A Yes. 13 Q To whom was it announced? 14 A It was announced to the Union president and vice president, 15 and some members of the negotiating committee who were 16 there at their request. 17 Q Was it thereafter announced to the public? 18 A It was. 19 Q Did, in fact, 85 Building eventually shut down? 20 A Yes. 21 Q Approximately when, if you know? 22 A Approximately June 30th. 23 Q Why did it shut down? RSV0027885 81 1 A. Simply because the company had decided not to continue in 2 that phase of the vinyl business. 3 Q Did 92 Building eventually shut down? 4 A It did. 5 Q When? 6 A Approximately June 30th. 7 Q Why did it shut down? 8 A For renovation, for the production of another product. 9 Q I will now hand you what has been identified as Joint 10 Exhibit #3. . 11 I ash you if that represents^the manning of the 12 affected operations in the buildings in question, prior 13 to the time you have just described? 14 A It does. 15 MR. CROSS: I have no further questions of this 16 witness. 17 I do intend to recall him later in the interest of 18 continuity. MR. DOMISICK: Based upon your representation 19 20 that he will be recalled, I won't cross examine at this 21 time. 22 THE ARBITRATOR: Do you wish to cross examine 23 about the testimony he has just given? RSV0027886 82 * 1 Because, I take it it's Mr. Cross' purpose to excuse 2 him now and call somebody else, and recall him subsequent 3 ly. 4 MR. CROSS: I certainly wouldn't object if Mr. 5 Domisick wants to question on this part of his testimony. 6 THE ARBITRATOR: I won't hold you to it. If you 7 want to take your crack at him all at one time -- or, do 8 you want to break it up? 9 MR. DOMISICK: I don't see that I have anything 10 to cross examine him on. 11 MR. CROSS: Mr. Laakso -- 12 ***** 13 14 ALBERT V. LAAKSO, Witness 15 DIRECT EXAMINATION BY MR. CROSS 16 17 Q Would you state your name, please. 18 A Albert V. Laakso. 19 Q Do you have a position with the company? 20 A I do. 21 Q What is that position? A Operating Superintendent, Lustrex Polystyrene Processing. 22 Q How long have you been with the company? RSV0027887 83 1 A Nine years. 2 Q . What is your address, Mr. Laakso? 3 A 91 Lincoln Road, Longmeadow, Mass. 4 Q V7hat was your occupation with the company at the time in 5 question, Mr. Laakso? 6 A Operating superintendent PVC Polymerization. 7 Q Are you familiar with the changes in methods which resulted 8 from the shutdown of 85 Building and 92 Building? 9 A I am. 10 Q Would you describe for the Arbitrator what happened in that 11 12 A 13 14 15 16 17 18 19 20 21 22 23 regard? Okay. Basically, there were three major changes that came about: First of all, 92 Building was to be shut down in its entirety. This meant that the 25 operators working in 92 Building were to be completely without any work in this building, which was subsequently to lead to a reduction in the work force. Secondly, as a result of the Borden contract, our output of PVC Homopolymer resin was going to be confined tc one product in contrast to the six products that we pre viously made on a routine basis in buildings 88 and 92. Thirdly, all of our output from our remaining operation RSV0027888 84 1 in 88 Building was to be supplied to our customer/ Borden, 2 in the form of bulk trucks and bulk rail cars. 3 Now as a result of these three basic changes, there 4 were many sub-factors involved having an impact on our 5 operation in this area. 6 Q What were these? 7 A Well, first of all, to look at the single-product concept, 8 as I indicated, we formerly produced half a dozen products 9 we were going to produce one product called Opalon 660. 10 Q Would you spell Opalon, please? A O-p-a-l-o-n -- it's a Monsanto trademark. 1.1 THE ARBITRATOR: 660? 12 13 THE WITNESS: 660. Q 14 (By Mr. Cross) Carry on. A So as a result of making one product, this was going to 15 make life considerably easier, starting with the clerical IG force that used to schedule our resin operations, that no 17 longer would there be a multiple product line to schedule 18 -- we'd run full out on one product. 19 The result of running on one product meant a simpli 20 fication of our standard operating conditions on the 21 kettle floor through the processing operations downstream. 22 Including the drying operations, making it easier from the 23 85 1 standpoint of storing the finished product that we produce* 2 this single product 660. 3 To continue, to go on: as a result of the 92 Building 4 shutdown, this was going to result in the curtailment of 5 Polymerization operations in eight polymer kettles, com 6 pared to the 14 active kettles that we previously used to 7 operate. 8 Now, the result of this shutdown meant that certain 9 occupations such as operator-helper, which formerly was 10 a shared occupation between two buildings, 88 and 92, was 11 roughly going to have his workload reduced, say, 60 12 percent, since we were cutting down eight out of fourteen 13 polymer kettles. u In addition, while I'm talking about the operator15 helper: one of the products we produced in 92 Building 16 was Opalon 740, an impact type resin used for captive com 17 pounding, at 85 Building. This resin used a special raw IS material, a rubber type product, which we received in the re plant in boxes. And the result of the curtailment of this 20 operation meant that we would no longer have to have an 21 operator-helper in full time attendance in 92 Building as 22 we had done in the past. This would be handled either by 23 asking an operator-helper to work on overtime for the RSV0027890 86 1 extra workload, or by bringing in a man from the shift 2 pool to work in the operator-helper occupation. 3 The extra work that this man did at the time was to 4 cut open 21 boxes of rubber, place them on a work platform 5 cart, transfer them to the kettle to be charged, help the 6 kettle operator or charge the rubber into the kettle, and, 7 subsequently, to dispose of the boxes. 8 Other occupations that ware shared in 88 and 92, 9 were the packaging operator, who handled the output from 10 both buildings, 88 and 92. 11 As a result of the shutdown of 92, our output was being reduced some 60 percent. Furthermore, since all of 12 13 our output was going to be in the form of bulk product, 14 it meant the elimination of the operation of two important 15 pieces of equipment that he operated, the so-called 16 Vradomatic, the Vredoraatic Packaging Machine and the \ 17 Lamson Palletizer. 18 This operation is performed by the packaging operator 19 in order to pack out our PVC resin which at this point 20 was in solid free-flowing form into 50-pound bags, and 21 then to pallatize on a 2000 pound wooden pallet, which 22 was subsequently transferred to the warehouse. 23 While talking about the pallets we were making, it RSV0027891 87 1 2 3 4 5 6 7 8 9 10 11 12 1T ^u 14 15 16 17 i 18 | i ! 19 20 21 22 i 23 brings up another change, that of another shared occupa tion in the building was the stock control man. The stock control man formerly used to transfer of pallets of finished product from 92 Warehouse -- excuse me -- 92 Warehouse to 89 Storage Warehouse. This work was completely eliminated. Also with regard to pallets, this also involved a reduction in workload for one of our occupations, a general laborer who, on occasion, had the responsibility of re palletizing pallets of resin that were returned from the 89 Warehouse to 92 Warehouse to be repalletized, because the load was unfit to be shipped as is. Some other changes involved: one of the means used to clean our polymerization kettles is through a solvent cleaning procedure, using a special hydrocarbon that is known as THF. This solvent was used by both buildings; it was contained in a common storage facility. As a result of the 92 Building shutdown, this meant that the type of coordination activity between control kettle operators in 92 Building and 88 Building would be diminished, because there would be no conflict between the two buildings trying to use the same pump at the same time. RSV0027892 38 1 Now, as far as the solvent system is concerned, as a 2 result of eliminating the need to solvent-flush the 3 kettles in 92 Building, the amount of unwanted by-product 4 materials, such as water, polymer from the kettles, and 5 also rubber from the kettles in 92 Building, would no 6 longer be contained in the dirty solvent -- excuse me -- 7 this would still be contained in it, but it would not be 8 contained in as large quantities as it was when we operated 9 14 kettles. This indicated then that the solvent recovery 10 operation would be operating -- would not have to operate 11 as hard as it had in the past, in order to eliminate these undesirable products, which we anticipated would lead to 12 13 better operations of the solvent recovery operation and 14 to better purity solvent. 15 Also, the elimination of something like by-product rubber from 92 Building would eliminate one of the problems 16 17 that we frequently had with dumping the recovery kettle in 88 Building, due to line pluggings and the like, caused 18 19 by rubber accumulations. 20 Q Did you have a process known as Draccoing? A Yes, we had a process known as Draccoing. 21 22 Q Would you spell it? 23 A D-r-a-- double C -- o-i-n-g. RSV0027893 89 1 We had an air conveying transfer system manufactured 2 by the Dracco Company that was used to transfer PVC resin from the polymerization area over to 85 Building, 3 4 where this resin was used to produce compound and film. 5 This operation was completely eliminated. Q There was testimony in the Union's case about the shutting 6 down of certain dryers. Was that involved -- 7 A Yes. We were staffed with dryer operators for two dryers 8 9 in each building. 10 As a result of the shutdown of 92 Building, we would 11 no longer be operating three dryers on a regular basis? we would only be operating one dryer, the so-called #2 12 dryer, which was our most reliable dryer and the one with 13 the highest production capacity. 14 Q Did this have any impact overall on your conveying system? 15 A Yes, it did. Since we had only been operating one dryer 16 routinely, it meant that we would no longer have the need 17 to operate the conveying systems in 92 Building. 18 Q Where were your conveying controls previously? 19 A The conveying controls were located in the 92 Building 20 Warehouse, in the vicinity of the Vredomatic Packaging 21 Machine. 22 As a result of the shutdown, we realized that this -- 23 RSV0027894 90 1 it would be unaccessible because 92 Building was going to 2 be renovated for use for another product. 3 Therefore, we Instituted a project which has been 4 completed to re-locate the controls for conveying to the 5 vicinity of 88 Building. 6 Q V7ere there compressor controls in 92 and 88 both? 7 A No. We had -- well, by way of explanation, let me cover 8 a little bit on this: 9 In the production of PVC resin, one of the operations me now sir 10 is to recover vinylchloride pe-tymer from the kettles, 11 12 13 14 15 16 17 18 19 20 21 22 23 Q which is stored in an intermediate vessel which we call a gas holder, which is subsequently emptied by use of compressors which withdraw the VCM vapor from the gas holder, convert it via a phase change into a liquid which is subsequently re-used in the process. This is the opposite of virgin monomer that Mr. Kelle; mentioned sometime earlier. As a result of the 92 Building shutdown, there would be less monomer to recover as a result of the system to be the used. To recover the monomer^was going to be worked some lesser portion of the time, resulting in some reduction of workload. Having recognized these various changes and methods and RSV0027895 91 1 procedures, and when you determined 92 was to be shut down 2 did you do anything relative to considering your manning 3 requirements? 4 A Yes, I did. 5 Q What did you do? A Well, after reviewing the impact on the operation with 6 7 the many, many reasons that I just stated, we looked at 8 the type of operation that we would be running subsequent 9 to the 92 Building shutdown, and then came up with various 10 alternatives as to how we would operate the production 11 area following the 92 shutdown. Q Who all did you confer with in this process? 12 A There are a lot of people involved. There was myself, 13 of course; members of my staff, including Dave Gendron, 14 15 operating supervisor in 84 Building? Gary Riggs (Phonetic)( operating supervisor, PVC suspension; Carl Rem (Phonetic), 16 92 Building day foreman; Paul Kittredge, 88 Building day 17 foreman; Ed Scully and Ed Burton, day foreman in 84 Build 18 ing. 19 20 I conferred with the shift foremen at the time, who were: on A Crew, Ray Jeannotte? Stan Zaleski, B Crew; 21 22 Dan Heit (Phonetic), C Crew; Don Moorehouse, D Crew; my 23 immediate supervisor, Bob Bourget, General Superintendent RSV0027896 92 1 of the PVC Department; Mike Staff, Employee Relations 2 Manager; Jim Ryan, Employee Relations Supervisor; John 3 Euline (Phonetic), Manufacturing Technology Supervisor 4 for PVC; and, Mr. Belschwender, Personnel Manager. 5 Q Approximately how many such meetings with these various 6 combinations of people did you have? 7 A Anywhere from 20 to 24. 8 Q Mow, what did you try to determine at these meetings? 9 A We tried to determine the most efficient way to staff our 10 operations in order to do the job we had to do when 92 11 Building shut down. Q 12 13 Did you consider alternatives other than the alternative that you finally decided upon? 14 A I did. 15 Q What was the range of the alternatives that you considered 16 generally? 17 A Well, anywhere from just shutting 92 Building down and 18 reducing those people directly working in 92 Building to 19 a re-arrangement which would have resulted in a reduction 20 of 13 additional people. 21 Q what was the manning configuration which you finally 22 decided upon? 23 A The manning configuration decided upon was one control RSV0027897 Q3 1 kettle operator per crew, two kettle operators per crew, 2 one assistant kettle operator per crew, one operator- 3 helper per crew, one packaging operator per crew, one material process expediter on days, one plant service 4 attendant, and the addition of a new position -- one 5 emulsion process assistant on days for 84 Building. 6 < 7 Q What, if any, reduction did you make relative to the dryer operator occupation? 8 9 A X reduced the dryer occupation from four to zero. 10 .Q What became of any remaining duties? A ~The remaining duties were assigned to the control kettle 11 operator. 12 Q What reduction, if any, did you make relative to the con 13 veyer control operator? 14 A The conveyer control operator was reduced from four to 15 zero. 16 Q What, if anything, happened to any of the remaining duties? 17 A They were assigned to the packaging operator. 18 Q And what, if anything, did you do with respect to the 19 general laborer occupation? 20 A Reduced, from one to zero. 22 Q What, if anything, did you do with any of the remaining 22 23 duties? RSV0027898 94 1 A The duties ware assigned to the operator-helper. 2 Q That about the stock control nan occupation? 3 A The S.C.M. was reduced from four to zero. 4 Q What, if anything, happened to the remaining duties? 5 A They were assigned to the E.P.A. in 84 Building. 6 Q All these reductions you've just described had to do with 7 Building 88; is that correct? 8 A That is correct. 9 Q Why, again, did you reach this conclusion with respect to 10 this particular alternative rather than some other? 11 A 12 13 14 This conclusion was reached to avoid low productivity that Id would have resulted if I had maintained staffing as irtr, and resulting higher manufacturing costs that would have gone along with the low productivity, and to avoid staffing 38 Building with under-utilized positions. 16 Q What happened to the employees who were, in fact, dis 17 placed by this decision? 18 A These employees were handled in accordance with Article 19 IX of our Company-Union Agreement. 20 Q And, that's the layoff section? 21 A Yes, sir. 22 Q Mow, with respect to the duty shifts themselves -- there 23 were duties shifted from dryer operator to control kettle RSV0027899 95 1 operator, I believe you said; is that correct? 2 A That is correct, 3 Q itfould you explain your reasoning for the shifts in this 4 instance? 5 A okay. We were going to end up running one dryer exclusive ly, and the one dryer remaining was our most reliable 6 7 one, the one with our best instrumentation. The controls for this equipment were already located 8 9 in the general vicinity of the C.K.O.'s work area. As a 10 result of some of the other changes that were going to 11 result from the shutdown, I felt that with lesser V.C.M. conversion, with less dirty solvent to be recovered, and 12 also with the installation of a new modern reliable 13 transfer pump in the V.C.M. tank farm that Mr. Kelley 14 referred to, that these changes were going to have an 15 effect on the C.K.O.'s job. 16 17 Also, the fact that we were going to be producing one product, Opalon 660, was certainly going to stabilize our IS mode of operation. 19 Q Did the C.K.O., after the change, have any responsibility 20 relative to a container known as the slurry? 21 A Yes, the output from the polymer kettles goes to the 22 slurry tanks and, formerly, the C.K.O. as part of his 23 RSV0027900 control opportunities did. So, there was concern about availability of space in the slurry tanks. Therefore, it was logical to have the C.K.O. responsible for the dryer operator which is fed from the slurry tanks, since then he would have direct control of this operation. Also, the fact that we were making one product meant that we could stabilize on the four slurry tanks. Q What does that mean? A That meant that-two of them we could use for Tech. Grade 660, which is produced from the recovered monomer? and, the other two for our standard A Grade 660 -- this would eliminate the need for any flush-out of the tanks that we previously had to do if we made a product change, if we put a different product into the slurry tank. Q You mentioned that there were certain duties transferred to the emulsion process assistant from the stock control man. Would you explain your reasons for this? A I felt this was a natural fit because the only driving duties that were going to remain that we did not have personnel to handle, were going to emanate from 84 Building. RSV0027901 97 1 Therefore, the amount of product that we were produc 2 ing from 84 Building could reasonably be handled by the 3 E.P.A. 4 Q When you say driving, what kind of driving is this? 5 A By driving, I refer to the occasional pickup of raw 6 materials from 88 Building Warehouse to relocate it to 7 84, and transferring of pallets of base product from 84 8 Warehouse to 89 Warehouse. 9 Q Now, based on your own knowledge of this operation, 10 approximately how many pallets were moved per shift from 11 the #84 Building? 12 A This is a variable figure since our production varies; 33 but, it would run anywhere from 12 to 17. Occasionally, 14 there would be periods when we would peak higher. 15 Q In an ordinary day, 12 to 17? 16 A On an ordinary day, 12 to 17 -- we figured 14 to 16. 17 Q Approximately how long does it take to remove such a 18 pallet? 19 You can only move one at a time, I take it? 20 A That's correct. 21 Q Approximately how long does it take to move such a pallet? 22 A By pallet, are you speaking to a single pallet? 23 Q Yes. 98 1 A I'd say about four to eight minutes. 2 Q Were there any other rearrangements of duties? 3 There was some testimony in the Union's case about 4 cleaning duties. What did you do about cleaning duties? 5 A Okay. One of the things that we realized when we looked 6 at picking up the driving duties in 84, was that the 7 operation in 84 was not going to be directly affected by 8 92 Building shutting down as 88 would be, that in order to 9 add these additional duties we would have to rearrange 10 the workload. f 11 And, the way we handled this was to add an E.P.A. on days in 84 Building, to handle the bulk cleaning 12 requirements; therefore freeing-up time for E.P.A. on 13 shift to transfer pallets. 14 15 Q You mentioned certain duties were moved from the conveyer control operator to the packaging operator. 16 17 What was your rationale for this? 18 A Again, we felt this was a logical fit because the packaging operator was concerned with subsequent pack-out of the 19 material, and that it was logical for him to pick up the 20 output just as it came out of the dryer, to be responsible 21 22 for the screening of this operation, then to convey to the hoppers, or silos, that he would subsequently use for 23 RSV0027903 99 1 pack-up. 2 As a result of the 92 shutdown, the amount of silos 3 available were dramatically reduced, from 15 down to 4 4 that are currently being used at the time. 5 In addition, in order to satisfy our truck require 6 ments, we realized that we had to introduce a modification, 7 which we did -- which was to utilize special pressure type 8 hopper cars, railroad cars, to transfer resin off the 9 drying lines into these hopper cars to subsequently be 20 reloaded into tank truckB. 11 Again, this was a logical fit, since the packaging 12 operator was already responsible for loading trucks, for 13 him to pick up the material and convey it to the dryer 14 and to the hopper car. 35 Q What were your original transfers? 16 A Originally, there were in 92 Building -- they remained in 17 92 Building until the time, at the time of the shutdown, 18 until we could complete a project involving installing 19 conduit, electrical wires, and various switches in the 20 88 Building conveying area. 21 Q All right. Did the elimination of the Draccoing process 22 you mentioned previously have anything to do with your 23 reasoning here? RSV0027904 100* ------------------------------- -------------------------------------------------------------------------------------------------------------------------------------------------- j I i i 1 A Yes. Again, it eliminated a task that we no longer had j 2 to do. 'j 3 Q What about the transfer of certain duties from the general 4 laborer to the operator-helper? 5 What was your reasoning for that? 6 A The reasoning for that was that the operator-helper's 7 workload was drastically reduced with one building being 8 shut down. The operator-helper was shared between both 9 Buildings 88 and 92, which meant that he would be under 10 utilized and have quite a bit of time available. 11 So, it was logical for us to conclude that since the 12 operator-helper and general laborer do some similar clean 13 ing duties now, whereas the general laborer had broader 14 range of duties where he would handle the outside of th 15 buildings, and the operator-helper would not -- that we 16 would transfer the general laborer duties to the operator17 helper. 18 Plus, with the elimination of the use of rubber in 19 92 Building, the workload would be reduced there. 20 Q In each of the instances, did you confer with the foreman 21 of the employees involved to determine whether or not they 22 had the available time and opportunity to perform the tasks 23 which you reassigned from one occupation to another? RSV0027905 101 1A 2 3 4 5 6 7 8 9q 10 11 12 13 14 15 16 17 Q 18 19 20 A 21 0 22 A 23 X aid this at great length. One of the questions that certainly I had to satisfy myself before X went forth with this plan, was that we had the available time to do the remaining work. And, one of the important sources here were people directly supervising the men which were shift foremen and day foremen. So, I did spend a considerable amount of time review ing this work with them. Now, there is some testimony in the record relative to the time spent on the fork lift truck by the E.P.A.'s. I believe the testimony is to the effect that 90 percent of the workday is spent using the fork lift. THE ARBITRATOR: I think it was Mr. Leclair who said that that was true of his case. Was it broader than that? Was he characterizing for others? (By Mr. Cross) In this regard, Mr. Leclair said that his day was thus spent. What is your observation of this situation? I would say 90 percent is excessive, What would you say it would be? Two to three hours driving. MR. CROSS: I have no further questions. RSV0027906 102 1 THE ARBITRATOR: May I just ask: do you mind 2 answering the last question in narrative terms, which is 3 to say: 4 Mr. Leclair said that he does spend 90 percent of his 5 time operating the fork lift. Are you saying that he does 6 not spend 90 percent of his time operating the fork lift, 7 or he should not spend -- 8 What was your answer that dealt with two or three 9 hours? Was that normative or are you disagreeing? 10 THE WITNESS: I would use your words and say ! -- 11 that Mr. Leclair should be driving that truck to perform 12 his duties no more than two to three hours per shift. 13 THE ARBITRATOR: So, you're not saying that you 14 disagree with what he said he actually does? 15 THE WITNESS: I have not observed Mr. Leclair 16 on a long term basis to say that he's spending 90 percent 17 of his time. 18 (A recess was held.) 19 ***** 20 21 22 RSV0027907 103 1 2 Q 3 4 5 6 7 8 9 10 11 A 12 Q 13 A 14 Q 15 A 16 Q 17 i !A ! 18 IQ 19 20 22 A 23 Q CROSS EXAMINATION BY MR. DOMISICK I'm given to understand, Mr. Laakso, that with more definition concerning the number of products produced in 88 and 92, that in 88 Building only two products of th six were made, and they were designated 660 and 650; is that correct? That is correct. So the reduction of the number of products, of course, only eliminated one; it eliminated the 650 from Building 88? That's correct. Were they produced in equal amounts? They were not. Which was produced more? 660. What were the percentages of production? I don't have that number. Whatever they were, let's assume more -- we would have to talk in terras of over 50 percent. So, let's say 60 -- and the balance of that being 650. When 650 was eliminated, did the amount of 660 increase? It did. It increased, so that in terms of production, coming out RSV0027908 104 1 of the dryer, is equal in poundage prior to the 92 2 Building shutdown? 3 A Yes. 4 Q So, it would be fair to say, whether you indicated that 5 in your direct testimony or not, already, that the amount of production coming out of 88 is equal to, if not greater, 6 but equal to the amount experienced before the 92 Build 7 8 ing shutdown? 9 A Yes, sir. 10 Q And, that is, prior to the 92 Building shutdown, that amount, whatevejr it is in total poundage, was the work 11 product of the dryer operator? 12 A That is correct. 13 Q And it was a full time job for that dryer operator? 14 A That is not correct. 15 16 Q He had someone else helping him? A No. 17 Q In 88 Building? 18 A No. 19 Q He did it all himself? 20 A Yes. 21 Q Could you explain to me, if you have not already, how 22 the 92 Building shutdown impacted the dryer operator in 23 RSV0027909 105 1 88 Building? 2 A Okay. One, exclusive producing of one product, running 3 only on one drying line -- 4 Q Have you completed your answer? 5 A For now, yes. 6 Q And, we are already at the point -- 7 How does the fact that it's reduced to one product 8 make a difference to the dryer operator in 88 if, in 9 fact, he's producing the same poundage? 10 The material has to be dried. Is he this interested 11 in its chemical composition? 12 A Ke is not. 13 Q So, I suppose then it makes no difference whether we're 14 drying butterscotch or PVC, he puts it into the machine? 15 A That, I can't agree with -- butterscotch. 16 Q Forgive me for any extravagance in my example. 17 You would agree the chemical composition -- 18 A Chemical composition, yes; but, as far as talking about 19 the changes before, one of the things -- when the resin 20 was in the slurry tanks and if we had only one product, 23 we eliminate any need for the dryer operator to flush 22 lines or to hose down tanks prior to making a product 23 change. RSV0027910 106 * _1 Q Who did that work b fore? 2 A Before what? 3 Q Before the shutdown of 92? 4 A The dryer operator. 5 Q How much time did that consume? 6 A Of hosing down the tanks? 7 Q Yes. 8 A I have no estimate of that time. 9 Q He only did it on product changes? 10 A Product changes or quality upsets. i 11 Q Since quality is something thajt you're forever concerned with, I shall speak of the products you're turning out. 12 How frequently did product changes occur for the 13 dryer operator in 88 Building? 14 A I don't have an estimate of product changes. 15 Q You also indicated that the other impact was one drying Hi line. 17 In 88 Building, was there ever more than one drying 18 line? 19 A Yes, sir. 20 Q When was there last more than one drying line? 21 A Up to the time of the shutdown, there were two dryers. 22 23 Q The testimony has been that only one dryer in 88 Building RSV0027911 107* 1 has been run for years. 2 Do you want to dispute that? 3 A Yes. 4 Q When, in your recollection, was the last time that a 5 second dryer in 88 Building was run on a basis -- 6 A We ran the number 1 dryer sometime in maybe the late 1 Spring when we had a problem with #2 dryer. 8 Q For how long? 9 A It was just a short period of time. 10 Q And for that, you're now saying that made a difference -- .11 in those two days, it really made a difference 12 A 13 Q I answered your question. Did it make a difference? That's my question. What's 3 4 your ansvier? 15 A I'm sorry, I don't know what you mean v/hen you say: did 16 it make a difference. 37 Q The 92 Building shutdown made a difference in the use of 18 the second dryer line for two days? 19 A No. 20 Q Have you ever dismantled that drying line? 21 A It's identical, or intact. 22 Q The same way as in the Spring when you used it for 4 8 23 hours? RSV0027912 108 1 A I believe -- 2 Q It can still be used? 3 A I don't know if it can still be used. 4 Q What difference did it makebetween now and last Spring 5 when you used it for two days for the first time in four 6 years? Is there anything different about it? Could you 7 still use it if you had to? 8 A I don't know. There may have been some instrumentation 9 removed since then. 10 q The answer is: you know of no difference; is that right? 11 A I know of no difference between what? I just find it difficult when you keep talking about this difference. 12 13 Q Were you familiar with the changes made in the solvent 14 operator's job? 15 A Yes, I am. Q Would you agree with the statements contained onPages 16 17 7 and 8 of company's brief filed in that case that the 18 cleaning duties of the solvent operator were totally eliminated, as a result of the changes in the. methodology 19 20 of solvent cleaning? 21 A The duties of the solvent operator? 22 0 The cleaning duties. 23 A The cleaning duties of the solvent operator? RSV0027913 109' 1 Q Were totally eliminated -- 2 A Taken out of context I find it difficult to answer. 3 because we continue to solvent clean but in a different 4 fashion. 5 Q The cleaning duties of the solvent operator as performed 6 by the solvent operator? : 7 A They were eliminated. 8 Q Would you agree further that further functions were 9 substantially eliminated from the job of solvent operator 10 as performed by the solvent operator by automation and 11 related process changes? .12 A Yes, I would. in Q Would you likewise agree with the statement which says that none of the duties of a control kettle operator in 14 15 this case, involving the 92 shutdown, were totally [ 6 eliminated? 17 A -None of the duties were totally eliminated? 18 Q That's right. A I would agree with the qualification totally eliminated. 19 20 yes. Q Now, let's try to define totally, then. 21 22 What do you say are the C.K.O. duties which were 23 impacted at all by the 92 shutdown? RSV0027914 110 1A 2 3Q 4 5 6 7 8 9 10 11 12 13 A 14 Q 15 16 17 A 18 19 20 21 22 23 Operation of the recovered monomer compressors, operation of the solvent recovery kettle. Let's stop right there, if you will. I've been informed that the solvent recovery kettle has been running continuously since God only knows when, but running continuously until two weeks ago when you ran out of solvent, and as soon as you would get a new ship ment of solvent in I would assume you're going to resume the kettle. Have I been informed correctly, that the kettle has l been running on a 24-hour, 7-day a week basis since June, 1973? That is correct. t find it hard then, Mr. Laakso, to perceive the reduction in the use of the solvent operator kettle. Can you explain that to me? Yes, I can. When we have -- or when we had a lot of water, polymer and rubber to pull out of that system, it was an operating and mechanical nightmare to run that piece of equipment. And, there were many times that it took us long periods of time to dump that kettle. Many times we had to pull apart the overhead piping configura tions on the separator and run lines, because they would RSV0027915 111 1 be full of polymer and full of rubber. And, by simplify 2 ing the operation of this unit, it has led to better 3 purity solvent. 4 At the time that I left the PVC area, we had achieved 5 two months of purity on the solvent that I had never seen 6 before, V7ith the resulting improvement in product quality. 7 Q As I understand it, the C.K.O. was never responsible for 8 dismantling the recovery kettle and repairing; is that 9 correct? 10 A Yes, sir. 11 Q By running continuously, it meant he had a further responsibility in terms of quantum of his time spent super12 13 vising the operation, rather than letting someone for vast periods of time dismantle and reconstruct a broken 14 15 down system? A I would agree with the qualification that when it's running 16 poorly, more operating attention is required. 17 Q When it's running poorly as opposed to when it's not 18 . running at all? 19 20 A No, when it's running well. Q When it's not running at all? 21 A There's nothing better we like than when a piece of 22 23 equipment runs well. RSV0027916 112 1 q i wish you'd respond to xny question. For the moment, I 2 know you're quite pleased when it runs smoothly. I'm sure 3 we all are. 4 The question is? when the machine is down and it's 5 no longer the responsibility of the C.K.O. -- 6 A That's correct. 7 Q And you've told us, as I understand it, that the machine 8 was plagued with down time? 9 A That is correct. 30 q And now, at least apparently, for the last two months it 11 has been running smoothly to the joy and happiness of 12 everyone? 13 A That is correct. 14 Q You were continuing a list -- you'd gotten through two 15 examples or, apparently, two areas in which the 92 shut- dovrn impacted the C.K.O. in 88 Building. 16 Before you go on with the list, my recollection is 17 that there is a separate job of C.K.O. in 88 Building 18 from the job of C.K.O. in 92 Building; is that correct? 19 20 A Yes, sir. Q Represented by a separate job description? 21 22 A Yes. Q I take it that those separate job descriptions reflect 23 RSV0027917 113 ------- ---------------------------------- ------------------ ---------------- ---------------------------------------------------------------------------------------------- 1 1 2A 3Q 4 5 6 |A |Q 7 i 8A 9 Q ! 10 A 11 12 13 ( 14 15 16 17 Q 18 19 20 A 21 0 22 A 23 Q the differences in a variety of areas in C.K.O. tasks? Yes. Although the basic title was the same, I'm not asking for an examination into that or whether as a general statement you agree or disagree, I agree. bJhy don't you resume the list. llhere did we leave off? Solvent recovery kettle. Okay. One of the things that we talked about, that Mr. Kelley mentioned, that v;as transferred from the 92 C.K.O. to 88 C.K.O. was responsibility for pumping up the VCM monomer from the tank farm. As I indicated, we had a project in the works which we completed to install a new pump with greater capacity, more reliability. And, also -- Stop right there. As I understand it, the 92 C.K.O. operator used the VCM pump #6; is that correct? That's incorrect. bfoat pump do you say he used? I'm sorry -- which building did you say? 92. RSV0027918 114 A 92 Building? He used what we referred to as the VCM 1 2 scrubber pump. Q Would you refer to it as #6? 3 4 A I wouldn't know. Q Where is the tank farm located? 5 A The tank farm is located at the east end of the south 6 plot. 7 Q What would you estimate the distance between 88 Building 8 9 and the tank farm to be? 10 A 300 yards -- Q As X understand it, the 92 Building operator C.K.O. was 11 responsible in some fashion for the tank farm? 12 A He was responsible for pressing a button which would 13 activate the pump located out in the tank farm, which 34 would pump VCM from the tank farm up to the local monomer 15 tanks located between Buildings 88 and 92, 16 We had an automatic shutoff, so when the pumps -- 17 when the tanks were full, the pump would shut off. And, 18 in the event of a vapor lock or poor operation of the 19 pump, it was his responsibility to investigate the cause 20 of the problem and to correct it, if he could. 21 Q Did he have to go to the tank farm? 22 A On occasion, he did. 23 RSV0027919 3.15 1 Q Would you tell us as clearly and as completely as you can 2 how a pallet is moved from 84 Building to 89 Warehouse. 3 What is involved when an E.P.A. performs that job? 4 A The E.P.A. must get on the fork truck, he must start up 5 the for3; truck, he must approach the pallet slowly insert 6 ing the forks under the pallet, raise the pallet slightly 7 off the ground, tilt it backwards, back out of the 84 8 Building Warehouse, over the railroad tracks, proceed in 9 a westerly direction until he comes to 89 Warehouse; take 10 a left turn, and then take another right turn into the 11 warehouse where he then drives into the 39 Building ware 12 house to deposit the pallet in a designated bay location, 13 indicate on a production ticket that he has the location 14 of the bag, and then return to his work area. 15 0 Mr. Laakso, according to my watch that explanation of a 16 four minute job took you one minute. 17 Would you say that perhaps your estimate of four 18 minutes is a bit on the short side? 19 A Ho, X can drive a lot faster than I can talk. 20 Q I'll have to ask the stenographer about your talking -- 21 I've never seen your driving. 22 What is the distance between the entrance of 33 to 23 the entrance of 89 Warehouse, the linear distances traveled RSV0027920 116 1 A From 88 Warehouse to 92 Warehouse? 2 Q I'm sorry -- 94 Building to 89 Warehouse. 3 A I don't know what that distance is. It's on the map -- if 4 there's a scale on there. You can see it, but I have 5 never paced it off. 6 0 In addition to not having scale, it makes no reference at 7 all apparently, that I can perceive, to railroad tracks. 8 Where are they located? 9 A 'lay I see the map? 10 Q Sure. 11 A On the Inhibit you gave me, you show certain X1s along the road, and the railroad tracks would be located right 12 13 where the M's are. Q I'll give you a pen, and you draw in the tracks. 14 15 (The witness complied.) 16 Q There appear to be two sets of tracks, is that correct? n A Yes, sir. is Q Separated by what? 19 A By the roadway. 20 Q And they run in between, in the space between on or about 21 89, 85, and 81 Buildings, and the buildings which face 22 them on the map? 23 A That's correct. RSV0027921 117' 1 Q The route, as X understand it, is across both sets of 2 tracks, past the front or whatever, the sides of one 3 building between 81 and 85 Building, and thenceforth into 4 89; is that correct? 5 A Would you put that down and show me your understanding of 6 it? 7 Q I can say it so it will be clear -- out across the tracks, 8 in between 85 and 81, and in to 89? 9 A There are two routes that people could use and X have seen 10 / people use both routes. ~11 Q What is on the pallet besides the pallets? 12 A 50 bags of PVC base resin. 13 Q And the weight per bag is what? 14 A 40 pounds per bag. 15 Q Can you tell me why the day E.P.A. was added to the work 16 force? 17 A The day E.P.A. was added in order to balance the workload. 18 so that we could free up the duties of the shift E.P.A. 19 to handle the driving requirements. 20 Q I can understand -- at least I believe I understand what 21 freeing the E.P.A. for driving requirements means. 22 Can you explain more fully your first reference to 23 balancing the workload? RSV0027922 118 I A Well/ balancing the workload meant that instead of asking 2 the shift E.P.A. to do those cleaning requirements on 3 shift, we would balance the workload by transferring these 4 duties to be done on days. 5 Q How does that balance the workload -- that's what I'm un 6 clear about. Whose workloads are we balancing? 7 A The shiftE.P.A. 8 Q on that particular day shift, the shift that happens to 9 generally coincide with the hours of the day? 10 A No, sir. 11 -Q - With allof them? A No, sir. 12 Q Can you explain how that balances their work? 13 A If we eliminate the requirement for a shift E.P.A. to be 14 doing general cleaning -- and since there are three shifts 15 in a day -- then there has been work reduced on those 16 three Bhifts. 17 Q Why then call the day person who is cleaning, an E.P.A.? 18 A Because the E.P.A. was the man that already did the clean 19 20 ing in the building. Q Then why call the shift E.P.A.'s E.P.A.'s, instead of 21 S.C.M.'s? 22 A 23 Because the bulk of the duties remaining for the E.P.A.'s RSV0027923 119 l 2Q 3 4A 5Q 6A i \Q 8A 9 10 11 i 12 13 i 14 i 15 A 16 17 ; 19 20 21 22 23 Q were E.P.A. type work. You told me the bulk of the duties were driving require ments? isn't that correct? Yes, sir. You were freeing, you said, E.P.A.'s to do the driving? Yes. It's clear that driving was not ever an E.P.A. function? That's correct. So why did you retain the title E.P.A. if, indeed, what you've suggested is that you put a cleaner in to allow the E.P.A.'s to do driving tasks which obviously had been part of the S.C.M. job? Can you explain that again? If you think you've already explained it, I simply didn't follow it. The E.P.A. performed many functions in the building and, as Don Crafts has testified earlier, he performed the functions of assisting throughout the building. So that when we looked at this job we felt that since the only driving requirements were in 84 Building, they could be serviced out of 84 Building, and the man to do that was the E.P.A., since by adding another man on days we could free up time on the shift to do E.P.A. work. What was the purpose of having E.P.A.'s clean on each shift RSV0027924 120 1 A The purpose was to perform work that existed. 2 Q What is the purpose now of not having them perform clean 3 ing work on the shift? 4 A To free up time so they may drive the truck. 5 Q Is it fair to say, Mr. Laakso, that if I pursued and 6 pursued, I couldn't get off that circle? 7 MR. CROSS: I object as to where -- 8 MR. DOMISICK: I'm withdrawing the question. 9 MR. CROSS; -- as to where these repetitive 10 questions are going to lead? f 11 THE-ARBITRATOR: The question has been with 12 drawn. 13 q (By Mr. Domisick) Was it a fair statement that the shut down of Building 92 had no impact at all vis k vis the 14 15 E.P.A. in the performance of his duties? 16 A That is correct. 17 q would, it be fair to say that none of the E.P.A. duties 18 have been eliminated by the company, following the 92 19 Building shutdown? 20 A That is correct. Q Did you or others of the company, to your knowledge, ever 21 22 disclose or represent to the Union any alternative staf 23 fing arrangement following the 92 shutdown, other than the RSV0027925 121 1 2A 3Q 4A 5 6Q 7 8 9 10 A 11 Q 12 A 13 Q 14 A 15 Q A 16 17 18 19 20 21 22 Q 23 A one which was announced apparently in June of 1973? You ask if X or anybody else? To your knowledge. I did not and, to ray knowledge, I don't know of anybody else. Other than the S.C.M. classification, were there other classifications in the company which required, at the time of the 92 Building shutdown, that the employee pass an eye examination and hold a fork lift driver's license? Did you say other than S.C.M.? f' Yes. Yes, sir. Can you tell us the number of such classifications? I cannot. Can you tell us their names? Well, X know there are other jobs such as material process expediter, that the man drives a fork truck. I know there is a man in 86 Building, an E.P.S. operator that drives a fork truck. There are other stock control men -- I'm not clear about how these jobs are called. They may well be called S.C.M.? I don't know. RSV0027926 122 1 1 Q You indicated apparently in coming up with the arrangement 2 for staffing that you imposed on July 1st, that you con 3 sulted with what I recall only as being a litany of sup r4 visors -- as a result of the 92 Building shutdown, were 5 any of those supervisors reduced? 6 A Yes, sir. 7 Q I?ra informed that one supervisor in 92 Building was, in fact, reduced; is that all? 8 9 A Myself and Carl Rem (Phonetic) day foreman from 92 Buildinjg Lcrt'->r 10 no^are assigned to the P.V.C. Department. 11 Q I'm willing to grant that for you it was a promotion -- 12 A It was not. 13 Q -- since your operating title remained unchanged, except for the area designation. 14 But, there was one 92 Building supervisor named 15 16 Rem? 17 A As I recall, he is day foreman and he has been reassigned 18 to 86 Building, Lustrex Polymerization. 19 Q That took place about two weeks ago? 20 A Yes. 21 Q Can you tell me why labor pool employees are being and, apparently for some time have been with regularity 22 assigned as E.P.A.'s in 84 Building? 23 RSV0027927 123 1A 2 3 4 5 6 7 8 9 10 14 i 15 16 1l 17 ! 20 j 21 22 23 At the tine of the shutdown of 92 Building, we requested and received shift pool men with driver's licenses to help us in the transition of moving pallets from 34 Building to the warehouse. In addition, the shift pool has been in excess since the time of the shutdowns because of other reductions throughout the plant. As a result of the excess, many times there have been extra people reassigned from the shift pool to the operat ing departments, at the descretion of the shift supervisors t who direct this work force. So, many times we receives these people being assigned to the department, and when people like that are assigned, if we have no specific need for them we usually assign them as an operator-helper to work in the PVC homopolymer area, or as E.P.A. in the 84 Building area, since these occupations involve versatile type duties where we can most effectively utilize the man being brought back. I'd be the last one to ask you as to paternalism, but why is there a need to have those people assigned from labor pool to E.P.A. work? I take it, it is because they're needed. Would that be a fair statement? RSV0027928 124 1A 2Q 3 4 .* 6 _ !il 'I ; 8j 9! 10 11 i i 12 14 j 15 16 Q \ 17 ; 18 A 20 21 22 23 When they are needed, they have been requested, yes. What accounts for the fact that they are needed, given the fact that they are not always or only assigned to replace an absent E.P.A. person? I think Mr. Leclair touched on this when he talked about many times we will request people from the pool to prepare for a monthly safety inspection. In particular, we just finished up, the week or the specific days of October 16, 17, and 18, a plant-wide inspection of the plant by company officials, where we did f considerably more cleaning that we would normally on a month-to-mohth basis. During that time, there were many people brought back to the department and to other departments throughout the plant for cleaning. Mr. Laakso, the general laborer had, as part of his duties, the cleaning up of areas; did he not? He did. Why was the general laborer laid off or eliminated, reduced from one to zero, and not simply assigned as a day general laborer to Building 84? We took that course of action because of the difficulty with trying to figure out how to handle the operator-helper RSV0027929 125 1 2 3 4 5 6 7 8 9 10 Q 11 A 12 Q 13 14 15 16 Q 17 18 19 20 21 22 A Q 23 requirements. The operator-helpers were assigned one per shift on the 6:00 and 2:00; the operator-helper, many times, we require him to go in and clean a production kettle, which may occur on shift or off shift -- and we felt that we needed this availability of personnel, so that we elected, therefore, to fill his under-utilized portion of his job that was resulting from 92 Building shutdown by the transfer of the general laborer duties. Now, can you answer my question. I just did, sir -- to the best of my ability. Sometimes, that's an excuse, Mr. Laakso. MB. CROSS: I move to strike the sermon, from the record. THE ARBITRATOR: The sermon will be stricken. (By Mr. Domisick) I think my question was: why did you designate -- or, perhaps rephrased, my question should have been: Why did you designate the day E.P.A. as an E.P.A. instead of a general laborer, considering that you already had a general laborer? That would have involved a new occupation for 84 Building. What would have been the impact of that, and why is that ar. RSV0027930 ir ii i! 2A 3 4 5 iii 6I 7 8 9Q 10 i 11 ! 12 j I 13 ' 16 17 18 19 20 21 22 23 126 anathema? The impact of it would have been that this man then would have been confined exclusively to doing whatever duties were assigned to him as general laborer, and that although we considered the need of the day E.P.A. to be doing pri- I marily cleaning type work we could foresee a need when I having two E.P.A.'s on days would be beneficial to the direct work force. Mr. Laakso, in coming up with your alternatives, one of which was disclosed to the Union, did you perceive any f limitation on your right to take unrelated duties and put_ them in any job classification you saw fit? MR. CROSS: I object to Mr. Laakso's legal con clusion about the collective bargaining agreement. MR. DOMISICK: I hadn't questioned him about that at all. THE ARBITRATOR: Well, you're asking him whether he perceived any limitations on the company's ability to -- MR. DOMISICK-. I think it's fair. He's apparent ly the man we have who made the decisions. THE ARBITRATOR: I think that's the ultimate question in this case -- MR. DOMISICK: I think phrased differently, it RSV0027931 127 1 2 3 4Q 5 6 7 8A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 would be the ultimate question. THE ARBITRATOR: I think the question as phrased is objectionable, and I will sustain the objection. (By Mr. Domisick) Did you, in making your decision, decide whether or not you operated under any limitations in taking duties and putting them in another job classifi cation? Could you read that back, please? (The last question was read.) MR. CROSS: It's the same question. THE ARBITRATOR: I thought it was, but I didn't hear an objection. MR. DOMISICK: I thought it wasn't. THE ARBITRATOR: It's much the same question. You're asking him, in effect, whether he felt con strained to follow the contract, whatever the contract means. It obviously calls for Mr. Laakso's -- as to what the contract means, and a particular application. Because an objection has been made, I will sustain it. It's simply not a proper question. It doesn't matter what he thought his constraints are, he and the company are constrained on what the contract say RSV0027932 128 1 whatever his state of mind might have been is wholly and 2 completely irrelevant. 3 Q (By Mr. Domislck) Were the only considerations which you 4 are either prepared or apparently able to respond to in 5 deciding how to man, as you did those relating to the com 6 pany's ability, as you best perceived it, in fact at a 7 chemical plant, to doing what was best for the company? 8 MR. CROSS: I object again. He seems to have 9 taken another route to the same location. No one can 10 answer that question. 11 MR. DOMISICK: I'll rephrase it. THE ARBITRATOR: Rephrase it. 12 (By Mr. Domisick) Was your only consideration in deciding to man 34 Building as you did, considerations of company 15 utility? MR. CROSS: I object again, but again I think 16 he's trying to ask a question about whether or not he felt 18 constrained by the contract. MR. DOMISICK: No, I think in fact this is a 19 20 proper question. 21 I think it solicits from the witness whether or not he indeed applied any other constraints, and I think that's: 22 23 wholly appropriate. RSV0027933 129 1 2 3 4 5 6 7 8Q 9 10 A 11 Q 12 A 13 14 Q l lu) A 16 Q 17 is ; 19 | 20 21 22 Q 23 THE ARBITRATOR: I'll overrule the objection, even though I confess that I regard it as highly doubtful. If you can answer the question, you may -- if you understand it, you may answer the question. THE WITNESS: One of my concerns in reaching the decision was certainly that there would be no contract violations. (By Mr. Domisick) In carrying out that obligation, did you seek consultation with others? Yes, sir, I did. With whom, with respect to the contract questions raised by this? Mike Starr. He is not here in this room, I understand? That's right. What did Mr. Starr tell you? MR. CROSS: I object.' Now, this calls for a second-hand interpretation of contractural limitations. THE ARBITRATOR: Sustained -- private conversa tions between company representatives are not really evidence of a potential contract violation in this context. They may be in some other context, I don't know. The conversion as a result apparently of the Borden contra4ts. RSV0027934 130 1 2 3 4A 5Q 6A 7 8 9 10 A 11 Q 12 i 13 14 A 15 Q 16 17 ! A 18 Q 19 A 20 Q 21 A 22 23 Q the conversion from or the conversion to bulk shipment, did that mean, Mr. Laakso, that there was an increased use in rail cars? Ho, it did not. How did it get out of the plant in bulk? How did it get out of the plant in bulk? Basically, two ways: by railroad hopper cars or by tank trucks. Did the conversion then to bulk shipment mean an increase in the number of tank trucks? I'm not certain; I believe it was relatively the same. At the time of the layoff or reduction, the number of S.C.M.'s was four. Has that number ever been higher? I think it was; but if it was, it was prior to my time. In the vinyl area -- how much was your time in the vinyl area? From the end of October, 1972, to the end of August, 1973. It has been whispered to me that's ten months? Excuse me -- as operating supervisor? Prior to that. Prior to that, I had served for three years as operating supervisor PVC compound in 85 Building. So your experience in 88 and 92 is this ten-month period? RSV0027935 131 That is correct. Permit me to say, Mr. Laakso, that you've certainly left your mark. MR. DOMISICK; I have no other questions. ***** REDIRECT EXAMINATION BY MR. CROSS |A 11 j IQ 12 !A 13 ! Q 14 j ) 15 j I 16 17 :A 19 20 21 22 23 We've talked about the conversion to bulk shipment. That was a conversion from what to bulk shipment? We eliminated any shipments of packaged good. For example, a bag? Bags, that is correct. Now, in discussing labor pool personnel assigned to E.P.A., you indicated that this sometimes happened on a need basis. Did it also happen on other bases than simply a need basis? Yes, I think I mentioned that if there was a need basis, where they were requested from the shift pool, and this was another basis -- when the shift pool had people in excess of the requests that had been made. So that these people were then reassigned by the shift supervisor to other departments throughout the plan, which frequently meant the PVC Polymerization received some of these excess RSV0027936 132 1 2 3 4 5 6 Q 7t 8 9 A 10 j j 11 Q 12 13 A 14 Q 15 16 A 17 Q 18 A 19 20 21 22 23 people. MR. CROSS: No further questions. ***** RSCROSS EXAMINATION BY MR. DOMISICK I'm confused about at least one point. The elimination of bags, X would assume, impacted the tank trucks rather than rail cars? Do you mean the truck that we used to ship the packaged goods out of the plant? The number of trucks, the number of truck loads. Did it not reduce them, to switch from bags to bulk? It did not. Didn't it increase the number of hopper rail cars that you used? Did it increase the rail cars? The number of trips per car or number of cars, whichever? It did not. MR, DOMISICK: Thank you. MR. CROSS: No more questions. Mr. Ryan, please. ***** RSV0027937 133' 1 JAMES P. RYAN, (Recalled) 2 DIRECT EXAMINATION BY MR. CROSS 3 4 q You're the same Mr. Ryan that previously testified? 5 A Yes. 6 Q Directing your attention to the day, June IS, 1973: did 7 you hold a meeting with Union representatives pursuant to 8 Article IX, Section 3 of the agreement? 9 A Yes. 10 MR. DOMISICK: May I have the date of that 11 meeting? i 12 MR. CROSS: June 18th. 13 0 (By Mr. Cross) In that meeting, did you hand to the 14 representatives of the Union the document that has been 15 identified as Union exhibit 3? 16 A Yes, this document was distributed. 17 Q Was it thereafter posted on bulletin boards in the plant? 18 A Yes. 19 Q -On the day of June 26, 1973, was there a company-Union 20 meeting of the evaluation cormittee? 21 A Yes, there was. 22 Q And in that meeting, did you hand the Union Joint Exhibit 23 4 A? RSV0027938 134 -1 2 3 4 5 6 7 8 9 10 A Q A Q A Q A Q A Q ~ 11 ~ 12 A 13 Q 14 15 Q 16 17 18 A 19 20 21 ~0 22 - Yes, I did. Did you hand the Union Joint Exhibit 5A? Yes, I did. Did you hand the Union Exhibit 8A? Yes, I did. Did you hand the Union Exhibit 13A? Yes, I did. Did you hand the Union Joint Exhibit 14A? Yes, I did. Was this the first instance that the Union had ever received copies of such descriptions? Yes, it was. At the top, there is an indication -- THE ARBITRATOR: The top of what? (By Mr. Cross) On each of the exhibits I've just handed you -- that says, "Draft." Would you explain why that word appears on that document? Yes. The purpose of having that on there is for means of identification, as identifying this as the new copy of a job description, when the description has been changed, and it is submitted as a revised description. I would suspect you could put "Revised" as the word. RSV0027939 135 Q A Q A Q A 10 | Q 11 A 12 Q 13 14 15 ; a JG 1 17 i Q !A 18 19 20 21 22 23 Was "Draft" the usual practice of the company in such instances? Yes , it was. Let me direct your attention now to the day, June 28, 1973: On that day, was the third step grievance meeting held on this case now before this Arbitrator? Was it June 28, 1973? Yes. Yes, it was. Were you present at that meeting? ~Yes, I was. At anytime during the course of that meeting -- First of all, who represented the Union at that ",eeting? IT11 try to recall. This is the third step hearing on June 28th? Right. Mr. Topor, Chairman of the Union Evaluating Committee -- or the Grievance Committee; Mr. Harris, President of the Union; Mr. Starczyk, Vice President of the Union; Mr. Watario, Chairman of the Union Evaluating Committee; Mr. Rowalczik, I believe; Mr. Verge (Phonetic). I don't know that I can recall from total memory all RSV0027940 136 1 of the individuals that were there. There were a number 2 of individuals. 3 Q Was the Union's position in that Grievance discussed, in 4 that meeting? 5 A Yes, it was. 6 Q Was the company's position discussed in that meeting? 7 A Yes, it was. 8 Q At anytime in that meeting did the Union claim in any way 9 that this was an excessive workload case? 10 A 11 Q They did not. f At anytime, did the Union claim in any way that this case 12 13 14 A 15 Q 16 A 17 18 Q 19 20 21 A 22 Q 23 A involved issues of multiple supervision of provisional employees? Wo, they did not. What did they claim? The Union position claimed that this was an evaluation dis pute. They also indicated that their position was that the company did not have the unilateral right to combine jobs. Do you recall the last statement of Mr. Natario in that meeting, relative to the Union's position in this Grievance Yes. What did he say? Ke said: the company does not have the unilateral right to RSV0027941 .137 1 2Q 3 4 5 A 7Q 8A 9Q 10 li A 12 13 14 15 16 17 combine jobs, period. All right. Has the Union ever been given the evaluations of the revised job descriptions represented by the exhibits I handed you at the beginning of your testimony just now? They have been given the descriptions. Have they ever been given the evaluations? No, they have not. What is the status of the evaluations, based on those descriptions? The evaluations are being held in abatement and pending the outcome of the settlement of this Grievance, at the Union's request. MR. CROSS: No further questions. ***** CROSS EXAMINATION BY MR. DOMTSICK 19 20 21 A 22 23 Q Does the Union claim, Mr. Ryan, that the company may not unilaterally, and apparently absolutely, combine jobs in evaluating Grievances, in your view, under the contract? I'm not sure I understand your question, Steve. Could you repeat it? My notes only evince some conferences to the fact of your RSV0027942 s_ Jno 1 testimony just now -- you indicated that it was an evalua 2 tion dispute; that Mr. Natario thereafter said that the company could not unilaterally, at its whim, as it were, 3 combine the duties of various jobs -- 4 MR. CROSS: That's not his testimony. 5 THE WITNESS: I believe that's an incorrect 6 statement. 7 8 Q (By Mr. Domisick) Can you say it again, so my notes can 9 be correct? 10 A 11 T did not indicate it was an evaluation dispute. f My response was: one of the Union's positions at that meeting was that it was an evaluation dispute. 12 13 Q Apparently, another position was that the company didn't have the right absolutely to combine job classifications? 14 A I believe the word used was unilaterally. 15 Q That was another position taken by the Union? 16 A Yes. 17 18 MR. DOMISICK: I have no other questions. Thank you. 19 MR. CROSS: No questions. 20 Mr. Busker -- 21 22 ***** 23 RSV0027943 139 1 RICHARD W. BUSKER, Witness 2 DIRECT EXAMINATION BY MR. CROSS 3 4 Q Would you state your name, please? 5 A Richard W, Bueker. 6 Q Would you spell that name? 7 A B-u-e-k-e-r. 8 Q Sour address, please? 9 A 69 Greenacre Avenue, Longmeadow, Massachusetts. 10 Q Do you have a position with the company? / 11 A I'm Operating Superintendent of Transportation and Materials. Q How long have you been with the company? 12 A 34 years. 13 q With regard to Buildings 85 and 92, were these byyour 14 15 standards large users of raw materials? A 16 Q 17 A 18 19 20 21 Q 22 23 They were. What does your job have to do with raw materials? The Transportation and Materials Department has the responsibility of the receipt and transfer of raw materials and the storage and shipping of finished products in the plant. What, if any, impact did the shutdown of Plant 85 and Build ing 92 have on the raw materials received by the company? RSV0027944 140 1 2 3Q 4A 5Q 6 7A 8Q 9 10 A 11 Q 12 13 14 IA ! 15 Q ie 17 A 18 Q A 19 20 Q 21 A 22 Q 23 About 25 percent of the raw materials received and trans ferred went into 92 and 85 Buildings. Was that a decrease of approximately 25 percent? A little over 25 percent, yes. Does the Transportation and Materials Department have a seniority area identified as Area 43? Yes, it does. Does this seniority area include a material handling function? It does. And in this area, prior to the change in question here, was there an occupation identified as materials checker and trackmobile operator? There was, I believe the evidence shows there were approximately three employees on the day shift, is that correct? There were three, yes. i Was there also an occupation identified as Warehouse Clerk? Yes, there was. Was there approximately one employee on the day shift? There was one, yes. What did the material checker and trackmobile operator do in general? What were his basic tasks? RSV0027945 141 1 A Basically, he was charged with the checking of raw 2 materials as they came in the department; determine the 3 lot numbers and quantity; palletizing, if necessary; and, 4 also, the operation of the trackmobile. 5 Q What is a trackmobile? 6 A A trackmobile is a machine used to move freight cars, 7 railroad freight cars throughout the plant. 8 Q What, if any, decision did you make relative to the 9 materials checker and trackmobile operator occupation 10 which included three employees, as a result of this 11 decrease in raw materials received? 12 A After studying the volume of materials received and moved, 13 we decided to reduce the complement from three to two. 14 Q so you decided to reduce the materials checker and track35 mobile operator from three employees to two employees on 16 the day shift? 17 A That * s correct. 18 Q Now, with regard to the operation of the trackmobile, what 19 had your practice in terms of manning the trackmobile when 20 it was in operation? 21 A The trackmobile was manned by the materials checker and 22 trackmobile operator. 23 In the operation, there were two men required. RSV0027946 142 1 Q Why was the second man needed when you were operating the 2 trackmobile? 3 A He was used as a flag man to position the freight car, or 4 to warn people, pedistrians, if the car was moving across 5 a crossing. 6 q Did you anticipate that following the reduction of the 7 materials checker and trackmobile operator occupation there 8 would be times when the occupation would have one of its 9 remaining employees involved in checking at a time when 10 the other needed to run the trackmobile? 11 A We did. f 12 q What did you decide about this situation? 13 A On occasion, if it were necessary, we made the decision 34 to utilize the warehouse clerk as a flag man. 15 Q And, had the warehouse clerk been doing this previously? 16 A He had done this on occasion. 17 Q Approximately how long does it take, in a typical use of IS trackmobile? 19 A Depending upon the work being done, anywhere from 15 to 20 20 minutes, to two hours. 21 Q Now, following the change then, in instances when the 22 second material checker and trackmobile operator was occupy 23 ing the checking function and you needed a flag man to RSV0027947 143 1 2 A 3 Q 4 A 5 Q 6 7 A 8 Q 9 A 10 Q 11 12 A 13 Q 14 15 36 A 17 Q IS A 19 20 21 22 Q 23 go on the trackmobile with the other materials checker and trackmobile operator, did you use the warehouse clerk? Yes. And, did he act as a flag man? He acted as a flag man. Approximately how many times did this happen since the change in question? Approximately five times. Has this arrangement worked satisfactorily? It has. Did you have a meeting on or about June 18, 1973, with ,, representatives of the Union? I did. Mr. Eueker, I'll hand you now what has been identified as company's Exhibit 4 and ask you if you can identify it, please? I can. What is it? This is my announcement of the reduction in personnel as of July 1, 1973. (Company's Exhibit 4 for identifi cation. ) With regard to the one occupation in issue in this case, is there a reference to a reduction? RSV0027948 144 1A 2Q 3A 4 5 6 7 8 9 11 12 13 14 ;i Q 15 16 17 18 19 20 A 21 Q 22 A 23 There is. Where does that appear? One materials checker and trackmobile operator -- MR. CROSS: The company offers its Exhibit 4. MR. DOMISICK: I have no objection. THE ARBITRATOR: without objection, it will be received. (Company's Exhibit #4.) MR. CROSS: I have no further questions of this witness. ***** CROSS EXAMINATION BY MR. DOMISICK Mr. Bueker, as I understand it -- may I call him a T.M.O., the trackmobile operator? It's a materials checker and trackmobile operator. Call him a checker -- it's commonly referred to as that. When I understand it, when the checker is operating the TM -- The trackmobile -- There must be a flag man with him? There are few cases when it is not necessary to have a flac man. RSV0027949 145 lQ 2A 3 !Q 4 5 jA 6 jQ 7 8 10 ! Q 11 12 14 15 Q 16 17 18 : Q A 19 20 0 i 21 I 22 l 23 So, at least for our purposes, for normal operations? You're correct. And hitherto, that work had always been performed apparent ly with some rare exceptions by a checker? That's correct. At the time, two of the checkers were so occupied that the third apparently was handling the truck and the other receipt of goods that may have been coming in by rail -- X don't understand your question. What did the third checker do while the other two were moving the train? The three checkers operated independently, where each one would be checking a particular receipt of raw material or making -- You had three. Didn't one have to serve as the flag man for one of the others? When the trackmobile move was required, yes. And the one who was left alone was handling the trucks? That's correct. Mr. Laakso has indicated that the alteration from or the change from bag shipments to bulk shipments didn't reduce the number of trucks going out or the number of rail cars going out. RSV0027950 1 A 3Q 4 5A 6A 7 8A 9Q 10 A 11 Q 12 A 13 Q 14 A 15 Q if; A 17 l Q IS I j A 19 i , Q 20 A 21 Q 22 23 Would you agree with his testimony in that regard? Yes, I would. Prior to July 1, 1973/ was 92 supplied by truck or by train, or if by both, which in the majority? You say was 92 supplied by -- Going back to raw materials coming in, was 92 supplied with raw materials? Yes, it was. Did those come in by truck or by train? By both, I would believe. Which, in the majority? By truck. Was 85 Building -- did it receive raw materials? Yes, it did. Directly from the outside? Yes, it did. How was it supplied in terms of method? By both truck and train -- And the majority of times, by truck? Yes. In shipping out material, was material shipped out direct ly from 85? On occasion, yes. RSV0027951 147 1 Q But, I take it in the normal run of affairs it did not? 2 A It would ship from 89 Warehouse. 3 Q Did that go out by truck or by train? 4 A By both. 5 Q Which, in the majority? 6 A By truck. 7 Q Does the same hold true with 92? 8 A Probably by truck, I'm not certain. 9 Q So that with the shutdown of 92 Building, there would have 10 been a greater impact on the material coming in and going 11 out by truck, rather than by train? A Possibly. 12 Q 13 So the area of the impact for the checker by the 92 close down was only with respect or mainly, in the majority of 14 occasions, with respect to his truck duties? 15 A Possibly, yes. 16 Q Just so I can put this clearly in my mind: your reference 17 to -- I think you used the figure 25 percent indicated 18 -- was it the amount of material handled by these checkers 19 that could be attributed to 85 and 92? 20 A That is on a pound basis, yes. 21 Q So that by closing 92, we effected truck shipments checked 22 by the checkers in a majority of cases, even if the situation 23 RSV0027952 148 1 were only 25 percent apparently of the raw materials -- 2 let's assume it's about 15 percent of their time -- 3 Would that be fair to say, that it would be about 4 15 percent of their total time -- well, 15 percent of 5 their total time as affected by the 92 shutdown? 6 A I don't think you could really set down and establish 7 exact figures in this context. 8 You have to consider any number of things that go on 9 here. One is how the material comes in; and the number of 10 times it comes in -- not just the overall. He did this 3 1 many and that many -- so, we considered a number of things when we made the decision to change the level of personnel 12 in that operation, not just an arbitrary figure. 13 Q Can you tell us the factors you did consider? 34 15 A The number of deliveries that were made, the volume of each delivery, the ease of handling, the amount of checkin 16 that had to be done, the amount of packaged goods that 17 came into the building -- all of this in comparison with 18 what had been done previously. 19 20 Q Did you come up with an estimate as to the amount of hours of reduction of work caused by the 92 Building shut 21 down? 22 A We came up with a figure that about one-third of the work 23 RSV0027953 149 1 requirement had been eliminated. 2 Q What impact did the 92 Building have on the warehouse 3 clerk, the 92 Building closing? 4 Did it not, in fact, reduce the amount of work that 5 he had? 6 A It did. 7 Q Did you come up with an estimate as to the amount of 8 work it reduced? 9 A We looked at it and decided that it was not enough to con 10 sider reduction in that area. 11 Q Did you come up with an amount of time? 12 A No, we did not. 13 Q Did you come up with that conclusion before or after you 14 made the decision to lay off one of the three checkers? 15 A We made the evaluations all at one time, and we made the 16 decision as to what was to be done all at once. 17 Q Did you consider alternate staffing arrangements? 18 A Yes. 19 Q Were any of these communicated to the Union? 20 A No. 21 HR. DOMISICK: I have no other questions. 22 MR. CROSS: No questions. 23 THE ARBITRATOR: Thank you, Hr. Bueker. RSV0027954 150 1 MR. CROSS: Recalling Mr. Belschwender. 2 ***** 3 4 JOHN R. BELSCHWENDER (Recalled) 5 6 7Q 8 9A 10 Q 11 12 A 13 14 15 Q 16 17 IS A Q 19 20 A Q 21 22 23 DIRECT EXAMINATION BY ME. CROSS You are the same Mr. Belschwender that previously testi fied? I am. Has the company previously totally reduced the tasks per formed by an occupation within the plant bargaining unit? We have. THE ARBITRATOR: Do you mean prior to the case in question? (By Mr. Cross) Prior to the case in question, has the company partially reduced the tasks performed by an occu pation within the plant bargaining unit? Yes. Do you have examples of this? Some examples come to mind. Directing your attention to November of 1968, was there an example involving a combination of the resin handler and general helper? RSV0027955 151 1 A Yes. 2 Q Describe that. 3 A In November, '68, the duties of the resin handler were 4 combined with that of thegeneralhelper, and the new 5 occupation created was called building assistant -- this 6 was in the Resinox Department. 7 MR. DOMISICK: Mr. Arbitrator, with all due 8 respect, I believe I have to wait until he answers to make 9 these decisions. 10 I think that bit of evidence is irrelevant to our 11 case. 12 MR. CROSS: It is relevant to our case. 13 MR. DOMISICK: I don't mean to separate the two 14 MR. CROSS: Indeed, it was cited in some detail 15 by Arbitrator Allan in reaching the award which you read 16 earlier * 17 THE ARBITRATOR: Let Mr. Domisick finish his 18 objection. 19 MR. DOMISICK: It's awkward to phrase it this 20 way, but I'm willing to take the assumption or take the 21 burden -- I fail to perceive the relevance of two distinct 22 jobs into a third job when we're not faced with that in 23 any of the cases we are litigating today. RSV0027956 152 1 We are willing to stipulate to some extent, I sup 2 pose, that indeed jobs have, in fact, been eliminated or 3 combined -- it has occurred. 4 If you were in the buggy whip business and you go out 5 of the buggy whip business, the buggy whip operator is 6 going to find himself out of a job. 7 THE ARBITRATOR: As I understand the example 8 Mr. Belschwender just provided, it is one in which two 9 previously independent jobs were combined to create a 10 third and new job. 11 Your objection is that that is not what is involved 12 in the current Grievance, and, therefore, you say it's not 13 relevant? 14 MR. DOMISICK: That, and in addition it occurs 15 to me it's five past 5:00 today -- we may look with 16 reluctance to litigating on something that goes back to 17 1963. 18 I'm not satisfied that this case resembles the 1968 19 case, and I don't have that. 20 THE ARBITRATOR: I've got difficulties of a 21 somewhat different kind. I have at this point not yet had 22 the benefit of the parties' arguments on the contract, and 23 although I have myself very quickly examined Article IX, RSV0027957 153 1 Section 3, which I assume to be the principle article to 2 which the Union refers in its Grievance -- I'm not at all 3 sure that's the case. 4 Without knowing to what extent, if any, past practice 5 is relevant, without knowing to what extent, if any, 6 earlier contracts contained different provisions, I guess 7 I'm a little loath at this point to say that under those 8 circumstances, may the company introduce evidence of anala 9 gous but not entirely exact circumstances in the past, in 10 which jobs were combined. ! 11 It's~perfectly clear here, for example -- at least 12 as I now understand the evidence -- that when the stock 13 control job was eliminated in Building 92, that some of 14 those duties were picked up by the E.P.A., and you could 15 call that a new job -- you can say these were duties 16 already embraced by the E.P.A.; you can say this is a pro 17 per combination. IS I don't know if it makes a lot of difference at this 19 point whether you say you give the combined job a new name 20 or it retains the old name. 21 What happened in '68, apparently, was that a new name 22 was given to a combination of the jobs. 23 I think at this point it's premature, therefore I'll 154 1 overrule the objection. 2Q (By Mr. Cross) Mr. Belschwender, directing your attention 3 now to early '69: was there an instance involving the 4 employees in the laundry operating occupation and the 5 combination of the laundry operator and the lead operator 6 to create another occupation? 7 A There was. 8 Q Would you describe that? 9 A Yes, in January, *69, the laundry operator and the lead 10 laundry operator occupations were combined, and the result" 11 ing job was called laundry service operator. 12 Q What happened to any excess employees in that case? 13 A Any excess employees would have been handled by Article 14 IX. 15 Q Directing your attention next to the month of January of 16 1970; 17 Was there an instance of the reduction of all of the 18 employees in the process assistant occupation in the Lus- 19 20 A trex Department? There was. 21 Q Would you describe that instance? 22 A Yes. In January of 1970 all of the Lustrex process 23 assistants were reduced and the remaining duties were RSV0027959 155 1 2Q 3A 4 5 6 7 8 9 10 11 12 13 14 Q 15 16 17 18 19 A 20 Q 21 A 22 23 incorporated in the occupation of packaging operator. What happened to the excess employees in that case? They would have been handled by Article IX. THE ARBITRATOR: I'm sorry, I did not get that. The Lustrex process assistant classification was reduced and the number of people in the classification was reduced, and the duties were incorporated into what job? THE WITNESS: Packaging operator in the Lustrex Department. MR. CROSS: The occupation was process assistant. THE ARBITRATORS It was not Lustrex process assistant? MR. CROSS: No. (By Mr. Cross) Directing your attention to February of 1970 , was there an instance involving the reduction of the color tester occupation in the Lustrex Department and a combination of the colo^ tester duties with someone else's occupation? There was. What was that? The occupation of color tester was combined with that of sample expediter, and the sample expediter simply assumed the duties of the color tester. RSV0027960 156 ' 1Q 2A 3Q 4 5 6A 7 8 9Q 10 A 11 12 Q 13 14 15 A 16 Q 17 A 18 19 20 21 22 Q What happened to the excess employees in that instance? They would have been handled by Article IX. Directing your attention next to April of 1970: was there an instance involving the reduction of the paint mill operator in a combination with the color and material -- Yes. In April of *70 the paint mill operator in the PVC Department was phased out and the remaining duties were incorporated in the color and material weigher. what happened to the excess employees in that instance? If there were excesses, this would have been handled by Article IX. - Directing your attention next to June of 1971: was there a combination of the occupation of lead operator and extrusion lead operator in the Blending Department? There was. What happened there? | In that instance, the occupations of lead operator in blending and lead operator in extrusion, both of these occupations in the Lustrex Department were phased out and the duties were incorporated into a job titled process controller. In December of 1971, was there a reduction in the occupa- tion identified as inspector in the plant laboratory? R.SV0027961 157 1 A There was. 2 Q What happened there? 3 A The inspector occupation was reduced and the remaining 4 duties were incorporated with the analyst, 5 Q Have you reviewed your files to see how many examples of 6 this kind there are? 7 A Yes. 8 Q Do you have any general idea of how many? 9 A More than 100. 10 Q All right. What is the procedure relative to such reduc 11 tions and reassignments of tasks or duties? What did you 12 do? I 13 A We would typically make such announcements to the Union 14 and to the employees. And then, we would submit those 15 jobs to the evaluation process according to Article III, 16 where the jobs would be re-evaluated if necessary, and 17 classified into their proper level in the rate structure. 18 Q What happens typically in those cases relative to excess 19 employees? 20 A Typically, if there are excesses, the excesses are handled 21 in accord with Article IX. 22 Q The same as was done in this case? 23 A In what case, sir? RSV0027962 158 RSV0027963 159- 1 Exhibit 5 and ask you if that is a proposal of this Union 2 in the 1955 collective bargaining negotiations? 3 MR. DOMISICK: As he answers, it might be 4 helpful how he answers without any authority. 5 THE WITNESS: It is. 6 (Company's Exhibit 5 for identific* L" tion.) 7 MR. CROSS: The company offers its Exhibit 5. 8 THE ARBITRATOR: You can take him on voir 9 dire, or you can just object on the grounds it hasn't been 10 authenticated, and you can assume from Mr. Belschwender1s 11 obvious view that 18 years ago he was not -12 HR. DOMISICK: How do we know that came in the 13 1955 negotiations? 14 THE WITNESS: Because I examined the records and 15 reviewed the records of past negotiations, and retrieved 16 this from the files. 17 MR. DOMISICK: Was this the only proposal the IS Union made with respect to Article III? 19 THE WITNESS: This is the only proposal that I 20 have reviewed. 21 MR. DOMISICK: I object to its introduction. 22 TEE ARBITRATOR: On what grounds? Authenticity? RSV0027964 160 1 2 3 4 5 6 8 9 1 I 11 12 13 14 15 16 17 18 19 20 21 22 MR. DOMISICK: At least. But beyond that, to be abstract -- clearly, Mr. Belschwender cannot represent to us with any accuracy at all that because it appears in the file marked 1955, that it in fact properly belongs there. X don't want to dwell on that point, but it is so. Beyond that, this represents apparently only one pro posal; it doesn't show how many, nor do we have company responses, nor does it in fact change the implication of the 1972 agreement. The Union has whatever rights it has under the 1962 contract because of the language of that contract; It doesn't lose those rights, whatever they may be, by attempt' ing -- and I haven't even bothered to read company Exhibit 5 -- it's not relevant to decide questions under the *72 contract We don't lose our rights under the '72 contract by 13 years ago -- MR. CROSS; This proposal of the Union is the first in a long line of unsuccessful attempts to gain the right they now claim they now have, and will be connected to this as such an attempt in the 1972 negotiations, leading to the contract before this arbitration. MR. DOMISICK; I think 18 years is stretching a 1 it. RSV0027965 161 I 1 THE ARBITRATOR: Gentlemen, there are two or 2 three technical questions here. Let me try to deal with 3 them one by one. 4 The first is whether company Exhibit 5 has been 5 sufficiently authenticated by Mr. Belschwender. In order 6 to answer that question, I have to ask Mr. Belschwender a 7 question or two; 8 Are the company's records of negotiations going back 9 to 1953, records under your possession and control? 10 THE WITNESS: They are records under the posses 11 sion and control of the employee relations manager who 12 reports to me. THE ARBITRATOR: Do you know of your own knowled^ 13 how this proposed exhibit was identified in the company's 14 15 files, which is to say; how was it found? Did you persona]! ly examine the company's records to find this exhibit? 16 17 THE WITNESS: In preparing for the solvent operator case in which said exhibit was used, I did person^ 18 19 iy. 20 THE ARBITRATOR: So, you're testifying that 21 this exhibit comes from records maintained by the company 22 which are under your control and under the control of your subordinates, and that you personally found this document 23 RSV0027966 .16 2 1 2A 3 4 5 6 7 8 9 11 12 13 14 16 17 18 19 20 21 22 23 in the company's records? I did. TIIE ARBITRATOR: All right. I think the predicate has been sufficiently laid to establish the authenticity of the company's Exhibit 5. After all, corporations and unions have lives of their own that exceed the span of any of their offices or members. So, the proper way to introduce evidence that is maintained in the records of a corporation or Union is precisely the way Mr. Belschwender has done it. So, at this point, subject to further voir dire or impeachment, I would accept company Exhibit #5. There remains, it seems to me a more difficult question of the relevancy of this exhibit. Generally speaking, I guess the rule of interpretation is that one may not go behind the face of a contract, whether it's a collective bargaining contract or commer cial contract, to explain its meaning, if the meaning is clear and unambiguous on its face. At this point, I don't know what precise language the Union relies upon in attacking the company's elimination and combination of jobs, nor do I know the precise languages on which the company relies in support of its right to do RSV0027967 16 3 1 SO. 2 So that technically/ the rule governing parol 3 evidence is hard to apply. 4 I':n satisfied though that historical documentation of 5 a contract clause is generally relevant to show its mean 6 ing, and the parol evidence is one which I, like most 7 arbitrators, view with a certain amount of concern when it 8 is envoked to the limit, the total history, or the full 9 meaning of the contract laws. 10 The third and final objection that you raise, Mr. 11 Domis.ick, and one that also gives me considerable pause, 12 is; whether it is proper for the company to introduce an 13 excerpt from a large exhibit which would have been, in this 14 case -- from a larger document which, in this case, would 15 have been all the Union's contract proposals for the year 16 1353. 17 In short, the question you're raising is whether the 18 Union has been disadvantaged, would be disadvantaged if 19 the company were permitted to introduce this single Union 20 proposal out of context of the larger group of proposals 21 that the Union may have made in 1953, and out of context 22 of the company's responses, if any, to this proposal in 23 '68 and '72. RSV0027968 1 2 3 4 5 6 I) ! 7i i i 8 9 10 n| 12 | 13 ! 14 15 16 17 18 19 20 21 22 23 There are a number of ways to deal without possibility of unfairness. One is for the Union to request the company to produce the entire set of proposals, and such request I would view sympathetically if it came, to requiring the production. Second, the Union's files, I would assume, are likely tc be identical to the company's files; both unions and companies maintain good historical records of prior con tracts -- in the absence of fire, which wipes out records or something of the sort, I would assume that the Union would have its own record of proposals and counter-proposal s and statements in the 1953 negotiations. So, with a certain amount of trepidation and a commit ment to assure that the Union will have a fair opportunity to see the content in which company Exhibit 5 arose, I will overrule the objection. This is a very lengthy way of dealing with this exhibit, but there are three points and I regard each of them as fairly serious, and I assume it's the company's intention to introduce additional exhibits to fill-out the historical -- So, I will lay the issue at rest at this point. (Company's Exhibit #5.) RSV0027969 1 2 3 4 5 6 7 8 9 30 11 12 13 14 15 16 17 Q 18 19 20 21 22 A Q 23 MR. DOMISICK: I appreciate your thoughtful discourse on this. However, I think it might be in order to request of the company to identify, if indeed they have any intent to, what portions of this exhibit they intend to rely upon, since we are disadvantaged? and, if we are compeled, as you suggested, to review in effect all our own files for responses, I'd rather choose not to fish but rather to be informed as to what portions upon which he wishes to rely. THE ARBITRATOR: That's a fair question. If you had stated it earlier, I would have required the company to be more specific -- but, it's still a fair question. That section -- MR. CROSS: I would say Section III, which clearly declares -- THE ARBITRATOR: This will be off the record. (Conference held off the record.) (By Mr. Cross) Based upon the records of the 1955 nego tiations, subject to your control and supervision, do you know whether or not company's Exhibit 5 was accepted by the company? It was not. Let me direct your attention now to the 1968 negotiations. RSV0027970 166 1 2 3 4 5A 6 7 Q 8 9 10 A 11 Q 12 13 ]4 15 16 17 18 19 20 21 22 23 I'll hand you what has been identified as company's Exhibit 6. Company's Exhibit 6 purports to be a document submitted in the 1968 negotiations. Do you recognize, it? I do. (Company's Exhibit 6 for identifies tion,) Was it a part of the documents covering the collective bargaining negotiations between the parties, which are subject to your control and supervision? It was. Vlas this proposal of the Union in those negotiations, as -far as that record reflects? That's right. MR. CROSS: The company offers its Exhibit 6. THE ARBI1RATOR: Does the Union object to the company Exhibit 6? MR. DOMISICE: Yes, for the same reasons, and I assume that with the same responses. I would only like that portion of the company's 6 to be identified as to -- MR. CROSS: I'm concerned with that language which goes to the question of apparent request for mutual agreements on changes in any occupation. THE ARBITRATOR: Would that be section 4? RSV0027971 167 1 MR. CROSS: 4 -- looking at Section 6 in conjunct 2 tion with that. 3 MR. DOMISICK: I think we can both stipulate it 4 involves wages, hours, and working conditions. 5 THE ARBITRATOR: Okay. Well, the company relies 6 principally on Section 4 of this exhibit; is that correct? 7 MR. CROSS: Right. 8 THE ARBITRATOR: All right. Union's objection, 9 which I understand, will be similarly overruled as to this 10 exhibit. 11 (Company's Exhibit 6.) 12 Q (By Mr. Cross) Based upon the records of the '68 negotia 33 tions that are subject to your control and supervision, 14 do you know whether or not this proposal that has been 15 identified as company Exhibit 6 was accepted by the company IS A It was not. 17 Q Directing your attention now to the 1972 negotiations: 18 were you present at those negotiations, Mr. Belschwender? 19 A I was. 20 Q In those negotiations, did the Union make two different 21 proposals relative to Article III? 22 A Yes. 23 Q Handing you now what has been identified as company's RSV0027972 168 ' ~1 2 3 4 5 6 7 8 Q A 10 11 Q 12 13 14 A 15 Q 16 17 18 1 !| A 19 | 20 21 Q 22 Exhibit 7 -- I'll ask you if this is the Union proposal? Yes. (Company's Exhibit 7 for identifies * tion.) MR. CROSS; The company offers its Exhibit 7. MR. DOMISICK: I have no objection to the intro- duction of that. THE ARBITRATOR: All right, without objection. company's #7 will be received. (Company's Exhibit 7.) Based upon your presence at those negotiations and your perception of what went on, was the proposal of the Union identified as company's Exhibit 7 accepted by the company? No. I'll hand you now what has bean identified as company's Exhibit 8 and ask you if that was the second proposal of the Union? It was. (Company's Exhibit 8 for identifies tion.) I'll ask you if the Union proposal identified as company's Exhibit 8 was accepted by the company in the '72 negotia- tions? RSV0027973 169 * 1 2 3 4 5 6 7 8 9 10 11 ' 12 13 14 35 16 17 IS 19 20 21 22 A It was not. Q Were there any changes agreed to? THE ARBITRATOR: Are you offering this, Mr. Cross? MR. CROSS: Yes, I'll offer Company's Exhibit 8. MR. DOMISICK: I hesitate to ask you to identify those portions -- MR. CROSS: It's underlined. I'm again talking about 4. / MR. DOMISICK: I have something under this entitled Company's Exhibit C-l, attached to mine -- is that part of the Union proposal or is that a company proposal? THE WITNESS: That's simply the company proposal in the matter, and possibly should not be submitted except that it shows no change. THE ARBITRATOR: I'm confused now. The second page begins a new Article III, and in the upper right hand corner it says, "Company's Exhibit C-l -- THE WITNESS: This is essentially the 1970 contract and, essentially, the company's proposal is that the language in this remains unchanged. THE ARBITRATOR: So that the proper language or the proper description of the second, third, fourth, and RSV0027974 170 1 fifth pages of company Exhibit 8 would be the company's 2 proposal, the company's counter-proposal? 3 MR. CROSS: Correct. I'm going to get to that, i 4 THE ARBITRATOR: Does that answer your question, 5 Mr. Domisick? 6 MR. DOMISICK: Yes. 7 THE ARBITRATOR: Do you have any other objection 8 to receiving company 8, Mr. Domisick? 9 MR. DOMISICK: No. 10 THE ARBITRATOR: Received. f 11 (Company's Exhibit #8.) 13 Q (By Mr. Cross) Look at the other pages. Does that repre sent the proposals of the company in those negotiations? 13 A It does. 14 15 Q As a matter of fact, were there any changes made in Article III during those negotiations? 16 17 A No. 18 Q Mr. Belschwender, what is the company's policy on workload 19 20 A 21 22 Q 23 requirements? Certainly, we expect eight hours work and no more than that in any eight-hour day. With regard to the instance where additional duties are added to an employee's occupation, is there any different RSV0027975 171 * 1 standard? 2 A I couldn't hear the question. Q With regard to where additional duties are added to employe 3 occupations, is there any different standard? 4 5 A No. Q With regard to specific configurations -- 6 A I'm having trouble following your question. 7 (Conference held off the record.) 8 9 Q With regard to the new manning configuration which is the 10 subject of this case, is the company satisfied with the 11 efficiency of operation that's manned under that configura tion? 12 A xt is * 13 Q Has anyemployeeinvolved in thatspecific area, which is 14 the subject of this Grievance, been removed from his 15 occupation due to lack of doing the required work? 16 A No. 17 MR. CROSS: No further questions of Mr. Belsch18 wender. 19 20 ***** 21 22 23 RSV0027976 172* 1 2 Q 3 4 5 6 7 8 Q 10 11 12 13 14 15 16 Q 17 IS A 19 20 Q 21 22 23 CROSS EXAMINATION BY MR. DOMISICK Mr. Belschwender, if an employee had failed the eye examination or the driver's test, that is, art encumbent E.P.A., what would have happened to him? MR. CROSS: I object. That question is not before the Arbitrator; that is not a Grievance now pending in any sense. What might have happened if, is purely hypothetical. THE ARBITRATOR: Well, it is hypothetical; on the other hand -- ' Let me look at the job descriptions. MR. DOMISICK: In the interest of time, I'll withdraw the objection. THE WITNESS: Certainly, it would raise a ques- tion as to continuation of the employee in the occupation. (By Mr. Domisick) A question you would resolve in what fashion? Possibly in the fashion of removing the employee from the occupation. Under Article X of the contract, under Section 9, I believe there is an experience table which, in effect, sets up a contractural standard to define experience for a variety of purposes, one of which is job bumping or bidding. RSV0027977 173 1 If an employee who is qualified under Article X, 2 Section 9 for the job of E.P.A. were to now bid in one 3 of the various ways in which that can be accomplished and 4 could not pass either of the tests, what would happen to 5 that qualified employee? 6 A Should an employee in the present qualification bid it -- 7 Q So should someone outside, but who is qualified under 8 Article X, Section 9? 9 A Certainly, he would have to have a license to drive, 10 MR. DOMISICK: I have no other questions, thank 11 you. 12 MR. CROSS: No more questions. 13 Mr. Arbitrator, that's the company's case in chief. 14 MR. DOMISICK: I have one short rebuttal witness. 15 (Company rests.) MR. CROSS: Mr. Arbitrator, I would request ask 16 17 ing a question of this gentleman later, 18 THE ARBITRATOR: In order to keep the record together, why don't you ask the question where you are and 19 20 where he is. 21 MR. CROSS: Will you give me about 30 seconds. 22 (Brief recess was held.) 23 a**#* RSV0027978 174 1 2Q 3 4 5 6 7A 8 9 10 11 ! 12 13 14 15 16 17 18 19 20 21 22 23 (After recess.) (By Mr. Cross) Mr. Belschwender, will you explain Article III, Section 2, concerning the classified quotes and the classified language -- will you explain the company's practice relative to Article IIJ, Section 2, Page 5 of the contract? Section 2 means that the company will meet with the evaluating committee of the Union and engage in evaluation of jobs to classify it into its appropriate level in the rating structure. It does not mean to negotiate job contact -- classification is a verb, hot~a noun. MR. CROSS: That's all. MR. DOMISICK: I have no questions of Mr. Belschwender. THE ARBITRATOR: The company's case in chief is still complete? MR. CROSS: That's right. THE ARBITRATOR: Are you ready with your rebuttal witness, Mr. Domisick? MR. DOMISICK: Yes. ***** RSV0027979 175 1 ERNEST LECLAIR, (Recalled) 2 DIRECT EXAMINATION BY MR. DOMXSICK 3 4 Q You are Ernest Leclair? 5 A Yes. 6 Q The same -- 7 A The same. 8 Q Mr. Leclair, there has been some testimony by Mr. Laakso 9 as to the number of minutes or length of time it takes 10 an E.P.A. operator to move a pallet of material from 84 11 12 13 14 15 A 16 Q 17 18 A 19 20 21 22 23 Building to 89 Warehouse. '- His statement was, as I recall, a range of four to eight minutes. Is that an accurate estimate of the length of time it takes? Not for me, it isn't. Can you tell us for you, what your estimate or recollection of the time it takes you to move the pallet? Well, it would vary. There's days when you've got to fight: traffic as it is, trailer tractors, company vehicles; then, when you're cutting through 85 to the back of 85 Building, T and M. seems to have an awful habit of loading a box right on the best part of the road where you would normally travel. RSV0027980 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q 22 23 It may seem funny, sir, but did you ever ride a tank? THE ARBITRATOR: I've never been in a tank. THE WITNESS: If you ride close to the pallets 'way on the left side, that road is comparably smooth but they normally drop a box there with drums in it, so you have to go to the right side, and it's like going over a cobble road. THE ARBITRATOR; But, the question, Mr. Leelair. is if Mr. Laakso's estimate of 4 to 8 minutes is not accurate, as you see it, what is your best estimate? THE WITNESS: I would say at least 12 minutes *12 to 15 minutes, at times. THE ARBITRATOR: Depending on traffic? THE WITNESS: Your safety manual states that you will travel in a safe, orderly manner. I don't believe there's a speed limit, but you have to say 15 feet in back of the next vehicle. If this guy is creeping along. you're going to be creeping too. You cannot really move in those trucks, or the load will topple -- and it has happened to me on occasions. (By Mr. Domisick) On the noon day shift, what has in your experience, been the range of time it takes you to move one pallet? RSV0027981 177 1 A Well, say on the nights where there's no traffic at all -- 2 by the time 1 leave that Warehouse 84, by the time I put 3 my forks on the pallet and find a bay in the 89 Warehous , 4 that's 12 minutes. 5 Q Mr. Laakso also referred to putting in 89 Building, putting 6 your palletized load in a designated area, and I get some 7 vision of a vast clearly marked defined warehouse. 8 What is the situation in 89 Building? 9 A Wherever you find a bay, wherever you can find a bay that 10 you can keep the pallet together, that's where you store 11 it. 12 Q What is the situation in Building 84 with respect to 13 mobility of the fork lift? 14 A There's not much room to move around in there if you have 15 any amount of pallets in that warehouse when you come in. 16 Now, going back to taking a pallet -- we'll say you're 17 taking a pallet to the warehouse, you find an open bay and 18 you have to put 18 pallets to a blend, and you try to keep 19 -them together as close as possible so that people in the 20 warehouse don't have to go all over looking for it, and 21 then come back. X may have to pick up a load of empty 22 pallets to furnish the bagger operators. 23 So, there's times it will run you 15 minutes. RSV0027982 178 ' 1 2 3 4 5Q 6 7 8A 9Q 10 A 11 12 13 14 Q 15 16 A 17 Q 18 A 19 Q 20 A 21 Q 22 23 A I've got a thing here, if I may read it -- Mr. Dave Gendron, Mr. Ed Scully -- MR. CROSS: What is this thing you're reading? (Conference held off the record.) (By Mr. Domisick) In addition to moving pallets from 84 to 89 Warehouse, do you also make trips with the fork lift truck of raw materials in 88 Building? Yes. How many on an average shift? Well, it could be on average shift, let's say, probably once on an average shift -- it could be more. It all depends what they need. MR. CROSS: I'll stipulate to that. (By Mr. Domisick) What is the highest number you can recall having to transfer into the plant in one shift? Amount of pallets, or from the warehouse? Of raw material, trips into 84 Building. I'd say three times -- bags and raw material. Where did you obtain those raw materials? In 88 Building. Are you responsible for loading them on the pallets as well as carrying the pallets over? Yes. RSV0027983 179 Q 2 f 3A 5 6 7 8 r 9 10 11 12 13 H 15 I !I 10 17 ; 18 I 19 I 21 22 23 Have the number of samples required to be taken increased, decreased, or remained the same since the 92 shutdown? I would say it varies on the product. MR. DOMISICK: I have no other questions. Thank you. MR. CROSS; No questions. THE ARBITRATOR: Any further rebuttal? MR. DOMISICK: No, it would only be cumulative. MR. CROSS: The company has nothing further. The company would waive oral argument and file a written brief. Our position in short is that there is nothing in the contract to prohibit what we did. (Conference held off the record.) THE ARBITRATOR: Is it your wish also to file a brief? MR. DOMISICK: Yes, I'm going to. THE ARBITRATOR: Because, I won't insist you file a brief-if you prefer to argue orally. MR. DOMISICK: Thank you -- because of the late ness of the hour, the complexity of the questions, I will file a brief. MR. CROSS: I would like the brief post-marked RSV0027984 180 1 no later than three weeks from receipt of transcript. 2 MR. DOMISICK: That's acceptable to me. 3 ***** 4 5 COMMONWEALTH OP MASSACHUSETTS 6 COUNTY OP HAMPDEN 7 8 X, CLAIRE C. TRUDEAU, hereby certify that the fore 9 going is a true and accurate transcript of my stenographic 10 notes to the best of my knowledge and ability. 11 12 Claire C. Trudeau 13 ***** 14 15 16 17 18 19 20 21 22 23 RSV0027985